T&C
THESE ARE THE GENERAL
TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY
ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS, OR ANY OTHER
SERVICES AND FEATURES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON
THESE TERMS WITH ONECLICK PREP
1. Introduction
This web site www.ONECLICK PREP.com and the
information, content, products and services it makes available (which shall
collectively be hereinafter referred to as the “Website”), is provided to you
by ONECLICK PREP; with its principal office in Kolkata, West Bengal, India (“ONECLICK
PREP” or “We”). These terms of use (“Terms of Use”) set forth the terms and
conditions governing your use of this Website. By accessing or using this
Website you accept and agree to be legally bound by this Terms of Use and our Privacy
Policy, as they may be amended or supplemented from time to time.
2. Modification to
these Terms of Use
ONECLICK PREP may make changes to this
Terms of Use from time to time in its sole discretion, by updating this posting
on this Website, and specifying the effective date of the new version of the
Terms of Use. Your continued use of the Website following the posting of a new
version of the Terms of Use constitutes your acceptance of any such changes.
Accordingly, whenever you visit this Website you should check to see if a new
version of the Terms of Use has been posted.
3. Registering as a
User
You agree to provide true, accurate, current
and complete information about yourself as prompted by the registration form.
If you provide information that is untrue, inaccurate, not current or
incomplete, or ONECLICK PREP has reasonable grounds to suspect that you
have provided such information, we may (in addition to any other rights or
remedies available to us), suspend or terminate your membership and refuse any
and all current or future use of the Website and the services (or any portion
thereof). Users must immediately notify ONECLICK PREP of any known or
suspected unauthorized use of a User’s account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of User’s
password. Users should be cautious about sharing their account information with
third parties. Each User is responsible for the confidentiality of her/his
personal information, including use of the account by any third party, whether
or not such use is authorized by the User. If you register yourself to our
Website, you are responsible for maintaining the confidentiality of your User
identification and password information, and for restricting access to your
computer. You agree to accept responsibility for all activities that occur
under your User identification and password. When you sign up/ register on this
Website, your personal information will be registered automatically in our
database which will be maintained by us and may be used for sending marketing
and promotional emails, newsletters etc, if subscribed to. In case of change in
personal information, you may write to us at the contact information provided
above.
5. License & Site
access
ONECLICK PREP grants you a limited
sub-license to access and make personal use of this Website and not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of ONECLICK PREP. This license does not include any
resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this
Website or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This Website or any portion of this
Website may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent
of ONECLICK PREP. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of the Website or of ONECLICK PREP and
its affiliates without express written consent. You may not use any meta tags
or any other “hidden text” utilizing the Website’s or ONECLICK PREP’s name or
trademarks without the express written consent of ONECLICK PREP. Any
unauthorized use terminates the permission or license granted by ONECLICK PREP.
6. User/Customer’s
obligation
You Agree and Confirm that you will use the
services provided by the Website, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and
regulations while using and transacting on the Website. That you are accessing
the services available on this Website and transacting at your sole risk and
are using your best and prudent judgment before entering into any transaction
through this Website. You may not use the Website for any of the following purposes:
– Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material. – Transmitting material that
encourages conduct that constitutes a criminal offence or results in civil
liability or otherwise breaches any relevant laws, regulations or code of
practice. – Gaining unauthorized access to other computer systems. –
Interfering with any other person’s use or enjoyment of the Website. –
Breaching any applicable laws; – Interfering or disrupting networks or websites
connected to the Website. – Making, transmitting or storing electronic copies
of materials protected by copyright without the permission of the owner.
8. Copyright &
Trademark
ONECLICK PREP reserves all intellectual property
rights in all text, programs, products, processes, technology, content and
other materials, which appear on this Website. Access to this Website does not
confer and shall not be considered as conferring upon anyone any license under
any of ONECLICK PREP or any third party’s intellectual property rights.
Any use of this Website or its contents, including copying or storing it or
them in whole or part, other than for your own personal, non-commercial use is
prohibited without the permission of ONECLICK PREP. You may not modify,
distribute or re-post anything on this Website for any purpose. The names and
logos and all related product and service names, design marks and slogans are
the trademarks or service marks of ONECLICK PREP and/or its affiliates, its
partners or its suppliers. No trademark or service mark license is granted in
connection with the materials contained on this Website. Access to this Website
does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third
parties or hypertext links to third party Websites or information are provided
solely as a convenience to you and do not in any way constitute or imply ONECLICK
PREP’s endorsement, sponsorship or recommendation of the third party,
information, product or service. ONECLICK PREP is not responsible for the
content of any third party Websites and does not make any representations
regarding the content or accuracy of material on such Websites. If you decide
to link to any such third party Websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Website (collectively, the “Contents”)
are intended solely for personal, non-commercial use. You may download or copy
the Contents and other downloadable materials displayed on the Website for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Website
or any related software. All software used on this Website is the property of ONECLICK
PREP and protected by Indian and international copyright laws. The
Contents and software on this Website may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents on this
Website is strictly prohibited. Unless otherwise noted, all Contents are
copyrights, trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by ONECLICK PREP, one of its affiliates or by third
parties who have licensed their materials to ONECLICK PREP and are protected by
Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Website is the
exclusive property of ONECLICK PREP and
is also protected by Indian and international copyright laws.
9. Indemnity
You agree to defend, indemnify and hold
harmless ONECLICK PREP, its employees, directors, officers, agents and their
successors and assigns from and against any and all claims, liabilities,
damages, losses, costs and expenses, including attorney’s fees, caused by or
arising out of claims based upon your actions or inactions, which may result in
any loss or liability to ONECLICK PREP or any third party including but not
limited to breach of any warranties, representations or undertakings or in
relation to the non-fulfillment of any of your obligations under this Terms of
Use or arising out of the your violation of any applicable laws, regulations
including but not limited to Intellectual Property Rights, payment of statutory
dues and taxes, claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the expiry or
termination of this Terms of Use.
10. Disclaimer
The Website is provided on an “as is” and “as
available” basis. ONECLICK PREP expressly
disclaims all warranties of any kind, whether express or implied, including,
without limitation, any warranties of merchantability, fitness for a particular
purpose, and non-infringement. ONECLICK PREP does not make any warranty that
the Website will meet your requirements, or that access to the Website will be
uninterrupted, timely, secure, or error-free, or that defects, if any, will be
corrected. ONECLICK PREP makes no warranties as to the results that may be
obtained from the use of the Website or as to the accuracy, quality, or
reliability of any information obtained through the Website.
ONECLICK PREP reserves the right to make
changes to any information contained on the website at any time whatsoever, and
without notice or limitation of any kind, including, but not limited to,
information relating to countries, courses, universities scholarships, fees,
and other related service.
We are very sensitive to the privacy concerns
of visitors to our website and are committed to respect your online privacy and
recognize your need for appropriate protection and management of any personally
identifiable information or private communication. We take care that the
content posted on this website is appropriate for their viewing and/or use. The
following outlines the way in which we gather and use information relating to
you.
11. Personally Identifiable
Information We Collect
We collect no personal information about you
when you visit our website unless you choose to provide this information to us.
If you do nothing during your visit but browse through the website, read pages,
or download information, we will gather and store certain information about
your visit automatically. This information does not identify you personally.
Rather, information is kept in the aggregate. We automatically collect and
store only the information about your visit. We use the information we collect to
understand the traffic to our site and to help us make our site more useful to
visitors like you.
We collect personally identifiable information
(via online or offline registration forms), such as name, contact details,
e-mail address, postal address, telephone/mobile number, your gender, date of
birth etc. and whether you have chosen to receive future communications from ONECLICK
PREP when you provide it to us, or when you register to our test preparation
classes (either directly with us or through our centers), sign up for email
newsletters, enter a contest, register for site membership, any subscriptions,
participate in surveys, or to otherwise communicate with us. Several of the
services that we offer, including but not limited to Test Preparation,
Seminars, Counseling promotional campaigns, Admission etc require registration
as a condition of use. We may also receive information about you from
other sources and add it to the information you have provided to us.
We may combine personal information collected
from you with other information from data available with us to provide a better
overall experience, including customizing content for you in both forms –
online (or electronic) as well offline. We do not monitor your use of the
Internet; neither do we use cookie technology or any other technology to
monitor your use of www.ONECLICK PREP.com. We may receive and collect certain
anonymous information in standard usage logs through our Web server. This
information may include the IP address assigned to the computer you use while
accessing www.ONECLICK PREPprep.com.
We may use personal information about you to
build up a profile of your performance(s), analysis, preferences and to track
your progress over the duration of the programme for which you have enrolled
with us. We may use personal information to provide the services you’ve
requested, including services that display customized content and advertising.
We may use this information for billing purposes and to fill your orders. If we
have trouble processing an order, we will use this information to contact you.
We may also use personal information for auditing, research and analysis to
operate and improve our products and services.
We will not sell your personal information to any third party for commercial
gains. However, we may, at times, mail promotional material that we believe
will be of relevance to you on behalf of third parties and for which we may
receive a consideration from the party in question. However, even in such
situations, all data will remain solely in the possession of ONECLICK PREP and
will not be shared with any third party save and except for authorized law
enforcement investigations. We are the sole owners of your information
collected by us at several different points on our Website. However we may
share information with third parties in limited circumstances, including when
complying with legal process, preventing fraud or imminent harm, and ensuring
the security of our network and services.
We may present information to advertisers who
wish to advertise on our website. When we present information to our
advertisers it is to help them understand our audience and confirm the value of
advertising on our website. Such information is in the form of aggregated
statistics on traffic to various pages within our site.
12. Information security
We take appropriate security measures to
protect against unauthorized access to or unauthorized alteration, disclosure
or destruction of data. The information you provide to
us will be held on our own servers or on third party servers contracted by
us. The database is stored on servers secured behind a firewall; access
to the servers is password-protected and is strictly limited. However, as
effective as our security measures are, no security system is impenetrable. We
cannot guarantee the security of our database, virus attacks, system
errors/bugs nor can we guarantee that information you supply will not be
intercepted while being transmitted to us over the Internet. We use
reasonable precautions to keep the personal information you disclose to our magazines
and websites, secure and to only release this information to third parties we
believe share our commitment to privacy. However, we are not responsible for
any breach of security or for the actions of these parties.
Although, we will endeavor to meet the
requirements of the Internet Security policy envisaged under this section, we
cannot accept any responsibility for any loss, disruption or damage to your
data or your computer system that may occur whilst using material derived from
this website. As best practice, we also strongly recommend that you regularly
run an anti-virus programme on all material downloaded from the Internet.
13. Information Sharing and
Disclosure
ONECLICK PREP does not rent, sell, or share
personal information about you with other people (save with your consent) or
non-affiliated companies except to provide products or services you’ve
requested, when we have your permission, or under the following circumstances:
We provide the information to our trusted partners who work with us or on our
behalf under confidentiality agreements. These companies may use your personal
information to help us communicate with you about our offers. However, these
companies do not have any independent right to share this information.
We respond to subpoenas, court orders, or
legal process, or to establish or exercise our legal rights or defend against
legal claims; We also may disclose personal information to third parties if we
have reason to believe that disclosing such information is necessary to conduct
investigations of possible breaches of law, to cooperate in any legal
investigation, or to identify, contact, or bring legal action against someone
who may be violating the terms of use of our site.
We believe it is necessary to share
information in order to investigate, prevent, or take action regarding illegal
activities, suspected fraud, situations involving potential threats to the
physical safety of any person, violations of our terms of use, or as
otherwise required by law. We transfer information about
you if ONECLICK PREP is acquired by or merged with another company. In this
event, we will notify you before information about you is transferred and
becomes subject to a different privacy policy.
We may display targeted advertisements based
on personal information. Advertisers (including ad serving companies) may
assume that people who interact with, view, or click on targeted ads meet the
targeting criteria.
We do not provide any personal information to
the advertiser when you interact with or view a targeted ad. However, by
interacting with or viewing an ad you are consenting to the possibility that
the advertiser will make the assumption that you meet the targeting criteria
used to display the ad.
We are not responsible for the information,
you volunteer about yourself in the course of discussions in our forums, chat
rooms, or other forms of publicly accessible interaction or information that
you choose to make public in your member profile. As a member, you can view,
correct or change your publicly available information at any time via your
member profile page.
14. Online Ad Serving
We may use advertising services of third
parties, to serve advertisements when you visit our sites. These companies may
use information (not including your name, address, e-mail address, telephone
number, or any other information you’ve provided to us) about your visits to
our and other web sites in order to provide advertisements about goods and
services of interest to you. You agree and understand that ONECLICK PREP
neither owns nor operates/controls any information or services provided on such
third party websites. You further agree and understand that such links do not
constitute an endorsement by us of any such websites and are provided only as a
convenience. We are not responsible for the content or links displayed on such
websites.
Several companies may provide email deployment
services for our email messages. The personally identifiable information, such
as e-mail address, we provide to these vendors for the purposes of e-mail
deployment is only used by them for that purpose and not for any other business
activity. We do not give any personally identifiable information to them as
part of this relationship. Use of their tracking technology is subject to their
own privacy policies.
Your decision to use any information contained
herein will be your decision alone based solely on your own evaluation and
assessment. We are not responsible for the consequences of any actions taken
based on the information provided on the website. We shall not be held liable
for any material or non material damage caused by omissions, incorrect or
incomplete information.
15. Links to Other websites
Our website has links to partners and other
sites. When you link to another site, you are no longer on our site and are
subject to the privacy policy of the new site. Other websites may collect and
treat information collected differently, so we encourage you to carefully read
and review the privacy policy for each website you visit. We will not be
responsible for any information that you may provide to such websites
accessible through our website.
16. Limitation of
Liability
ONECLICK PREP and its affiliates assume no
responsibility for any consequence relating directly or indirectly to any
action or inaction you take based on the Content available via the Website. You
must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
content. You specifically acknowledge that ONECLICK PREP is not liable for any
defamatory, offensive or illegal conduct of the Users or third parties.
Additionally, in no event will ONECLICK PREP or its affiliates be liable for
any special, indirect, incidental, punitive, or consequential damages,
including, without limitation, any loss of use, loss of profits, loss of data,
cost of procurement of substitute products or services, or any other such
damages, howsoever caused, and on any theory of liability, whether for breach
of contract, tort (including negligence and strict liability), or otherwise
resulting from (1) the use of, or the inability to use the Website; (2) the
cost of procurement of substitute services, items, or Website; (3) unauthorized
access to or alteration of your transmissions or data; (4) the statements or
conduct of any third party on the Website; or (5) any other matter relating to
the Website. These limitations will apply whether or not ONECLICK PREP has been
advised of the possibility of such damages and notwithstanding any failure of
essential purpose of any limited remedy.
17. General Terms & Conditions
This website may contain information about various academic programs offered by
institutes and/or institutions as well as about various examinations that are
conducted by them or by independent parties/third parties in India. This
information has been compiled from various sources, including primary research
conducted by, or on behalf of IMS as well as secondary or desk research. We
will in no event be liable for any direct, incidental, consequential or
indirect damages arising out of the use of or inability to use and/or for any
delay in the service provided by the site. THE INFORMATION AVAILABLE ON THIS
SITE IS FOR GENERAL INFORMATION PURPOSES.
We expressly disclaim any warranties whether express or implied about the
suitability, reliability, availability, timeliness, correctness, completeness,
quality, continuity, performance, fitness of products, services
contained/displayed within this website for any purpose.
18. Termination
ONECLICK PREP shall have the right to terminate your
right to use the Website if ONECLICK PREP , in its sole discretion, considers you to be
engaged in unacceptable conduct, or in the event of your breach of this Terms
of Use.
19. Severability
If any provision of the Terms of Use is found
by a court or other binding authority to be invalid, you agree that every
attempt shall be made to give effect to the parties’ intentions as reflected in
that provision, and the remaining provisions contained in the Terms of Use
shall continue in full force and effect.
20. Applicable Law
This Terms of Use and the resolution of any
dispute related to this Terms of Use or the Website shall be governed by and
construed in accordance with the laws of India without giving effect to any
principles of conflicts of law. Any legal action or proceeding between ONECLICK
PREP and you related to the Terms of Use shall be brought exclusively in a
court of competent jurisdiction sitting in Kolkata, West Bengal, India and you
agree to submit to the personal and exclusive jurisdiction of such courts.
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