As updated on 07th June, 2020
Welcome to the tesTopper’s terms and condition. These terms and conditions (“Terms and Conditions”), are between tesTopper and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website [https://testopper.com] (“Website”) and/or our app ‘tesTopper ’, Website and Apps together shall be referred to as “tesTopper Platform”, you agree to be bound by the provisions of these Terms and Conditions.
A. About tesTopper
The domain name, Website and the Apps are owned, registered and operated by tesTopper Educare Private Limited .
B. tesTopper Platform
- These Terms and Conditions apply to all Users of the tesTopper Platform, including educators who are also contributors of User Content on the tesTopper Platform. The tesTopper Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the tesTopper Platform, such as the tesTopper online platform, tesTopper Plus - Subscription, tesTopper Bytes and any other service or application that tesTopper introduces from time to time.
- tesTopper Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Users of the tesTopper Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the tesTopper Platform. Such content uploaded through the use of the tesTopper Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that tesTopper has no control over and assumes no responsibility for, the User Content and by using the tesTopper Platform, you expressly relieve tesTopper from any and all liability arising from the User Content.
- You agree and acknowledge that tesTopper shall have the right at any time to change or discontinue any aspect or feature of the tesTopper Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, tesTopper may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. tesTopper reserves the right to refuse access to the tesTopper Platform, terminate Accounts, remove or edit contents without any notice to You.
C. tesTopper Accounts
In order to access some of the features of the tesTopper Platform, you may have to create your account with tesTopper. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify tesTopper immediately of any breach of security or unauthorized use of your account. At no point in time will tesTopper be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to tesTopper or others due to such unauthorized use, if any.
tesTopper takes no responsibility for any User Content that is uploaded on the tesTopper Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the tesTopper Platform provided herein.
D. Access, Permissions and Restrictions
tesTopper Educare Private Limited hereby grants you permission to access and use the tesTopper Platform as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the tesTopper Platform or the content without tesTopper’s prior written authorization.
- You agree not to alter or modify any part of the tesTopper Platform.
- You agree not to access content of any other User through any technology or means other than the video playback pages of the tesTopper Platform itself.
- You agree not to use the tesTopper Platform for any of the following commercial uses unless you obtain tesTopper’s prior written approval:
- the sale of access to the tesTopper Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the tesTopper Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar tesTopper Platform as that of tesTopper.
- You agree to receive installs and updates from time to time from tesTopper. These updates are designed to improve, enhance and further develop the tesTopper Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit tesTopper to deliver these to you) as part of your use of the tesTopper Platform.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the tesTopper Platform in a manner that sends more request messages to tesTopper’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, tesTopper grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. tesTopper reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the tesTopper Platform, nor to use the communication systems provided by the tesTopper Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the tesTopper Platform with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give tesTopper limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its tesTopper Platform and in any of its marketing or promotional activities.
- In your use of the tesTopper Platform, you will at all times comply with all applicable laws and regulations.
- tesTopper reserves the right to discontinue any aspect of the tesTopper Platform at any time with or without notice at its sole discretion.
E. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- tesTopper Content utilized on the tesTopper Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to tesTopper and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the tesTopper Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by tesTopper on the tesTopper Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of tesTopper or the respective licensors of the User Content. tesTopper and its licensors reserve all rights not expressly granted in and to the tesTopper Platform and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the tesTopper Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the tesTopper Platform or the User Content therein.
- You understand that when using the tesTopper Platform, you will be exposed to User Content from variety of sources and by different Users, and that tesTopper is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against tesTopper with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless tesTopper, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the tesTopper Platform.
F. Content and Conduct
- As an tesTopper User, you may submit User Content on the tesTopper Platform, including videos and User comments. You understand that tesTopper does not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the tesTopper Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to tesTopper to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the tesTopper Platform pursuant to these Terms and Conditions for the duration the said User Content is available on tesTopper Platform.
- For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to tesTopper, you hereby grant tesTopper a limited, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the tesTopper Platform and tesTopper’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the tesTopper Platform in any media formats and through any media channels. You also hereby grant each User of the tesTopper Platform a limited, non-exclusive license to access your User Content through the tesTopper Platform. The above licenses granted by you in the User Content you submit to the tesTopper Platform terminate within a commercially reasonable time after you request tesTopper to remove or delete your videos from the tesTopper Platform provided you pay the mutually agreed amount that tesTopper incurred in providing the tesTopper Platform to you. You understand and agree, however, that tesTopper may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
- You further agree that User Content you submit on the tesTopper Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant tesTopper all of the license rights granted herein.
- Furthermore, you confirm that the User Content uploaded by you is not:
- False, inaccurate or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statue, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You understand and confirm that you shall not during your use of the tesTopper Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of tesTopper that you are engaged in any kind of harassment of other Users, then in such a case you agree that tesTopper shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- tesTopper at its sole discretion may process any audio or audio-visual content uploaded by you to the tesTopper Platform to confirm if the same is in accordance with the tesTopper internal quality requirements and is compatible with the tesTopper Platform.
- tesTopper does not endorse any User Content submitted on the tesTopper Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and tesTopper expressly disclaims any and all liability in connection with User Content. tesTopper does not permit copyright infringing activities and infringement of intellectual property rights on the tesTopper Platform, and tesTopper will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. tesTopper reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
G. tesTopper - Subscription/Purchase
Please refer to tesTopper – Subscription terms and conditions to know more about the terms that shall govern your subscription. tesTopper Subscription is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the Educational Content (as defined in the Subscription terms and conditions) to a third party.
In the event that tesTopper becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any Educational Content to or any third-party channel or media, tesTopper reserves the right to suspend or terminate the said User’s account with immediate effect.
H. tesTopper Intellectual Property Right
The tesTopper Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the tesTopper Platform is owned and controlled by tesTopper and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
The mark “ tesTopper” is the sole property of tesTopper. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from tesTopper.
Any refunds that are to be processed shall be processed in accordance with tesTopper’s refund policy.
J. Electronic Communication
When you visit tesTopper Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on tesTopper Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
K. Termination of Account
- tesTopper will terminate a User's access to the tesTopper Platform, if
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the tesTopper Platform disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against tesTopper.
- tesTopper reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that tesTopper deems fit from time to time. tesTopper may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
- We may suspend access to the tesTopper Platforms or require You to change Your password if we reasonably believe that the tesTopper Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the tesTopper Platforms will not affect liability previously incurred by You.
L. Effective of Termination
In case any of the above-mentioned cases occur, tesTopper reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- tesTopper shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
M. Copyright Infringement
- tesTopper operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of tesTopper's copyright policy, tesTopper will terminate User access to the tesTopper Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
- Notice of Copyright Infringement:
- Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on tesTopper Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the tesTopper Platform, including the educator name, topic and any other detail identifying the infringing content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at [email protected]
- Our policy to deal with Copyright infringements:
We follow a 3-strike policy- Three instances brought to our notice that are provided with all required supporting information will lead to the educator getting banned from the tesTopper Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
- First case of violation- The infringing User Content is taken down and educator is given a warning and is suspended for a week from making any new courses.
- Second case of violation- The educator is suspended from making any more videos on the tesTopper Platform for a month and all User Content that amount to copyright violations are brought down immediately.
- Third violation- The educator is banned from the tesTopper Platform and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of tesTopper, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the tesTopper Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to tesTopper or tesTopper Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of tesTopper and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE TESTOPPER PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTOPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TESTOPPER PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTOPPER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON TESTOPPER, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TESTOPPER PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TESTOPPER PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TESTOPPER PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TESTOPPER PLATFORM. TESTOPPER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR TESTOPPER PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TESTOPPER PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TESTOPPER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
P. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TESTOPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT TESTOPPER, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR TESTOPPER PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TESTOPPER PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR TESTOPPER PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TESTOPPER PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TESTOPPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, TESTOPPER LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE TESTOPPER PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT TESTOPPER SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE TESTOPPER PLATFORM IS CONTROLLED AND OFFERED BY TESTOPPER FROM ITS FACILITIES IN INDIA. TESTOPPER MAKES NO REPRESENTATIONS THAT THE TESTOPPER PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE TESTOPPER PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless tesTopper, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the tesTopper Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the tesTopper Platform.
R. Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the tesTopper Platform.
tesTopper reserves the right to refuse access to use the tesTopper Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our tesTopper Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the tesTopper Platform is subject to the most current version of the Terms and Conditions made available on the tesTopper Platform at the time of such use.
S. Force Majeure
tesTopper shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
T. Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
U. Other Laws
Certain laws require to maintain data with respect to the tesTopper Platform and other personal information in a prescribed format and tesTopper will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
V. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
W. Modification, Amendment or Termination
tesTopper may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the tesTopper Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the tesTopper Platform shall be in writing and sent to the registered office of tesTopper. We do not guarantee continuous, uninterrupted or secure access to the tesTopper Platform, and operation of the tesTopper Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Y. Refund Policy
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.