Acceptance of this Agreement
By clicking on the 'Register' button, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published, available or provided on www.testprepkart.com (the "Website"), which is owned, maintained and monitored by CounselKart Educational Services Private Limited ("Us", "We" or "Our").
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your user ID and password ("Participant Account") is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement. By User ID and Password we mean account on www.testprepkart-operations.com
You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Help and Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
Content and Courseware
As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Users in no way are allowed to distribute or share their User ID / Password / Content in any form. On any such occasion where it is found that this term is violated, the User account will be held for suspension without notice.
The selected courses of free access (hereinafter the “Courses”) are brought to you by CounselKart Educational Services Pvt. Ltd. (“TestprepKart”). Your access to the said Courses is limited to the extent of self-learning videos and course resources only. Nothing herein shall at any time be construed to mean unhindered or unconditional access to all the features of the said Courses, as may be available upon purchase of the respective Courses.
Your free access to these courses shall be limited to such respective number of days, as may be notified against each Course on the date of your enrollment, and shall be revoked at the instance of expiry of the respective number of days. However, TestprepKart at its sole option reserves the right to revoke or extend your free access to all contents made available to you at any early instance under the free access without any notice or liability.
Upon your enrollment to these free / paid courses, no license is deemed to be granted to you for further sale or to utilize the materials for any reuse, reproduction, re-publication for commercial/non-commercial purposes.
All materials provided to you under the access are copyright products of TestprepKart or its partners. Any violation of laws herein, or otherwise, shall make you liable to the maximum extent available under law.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Participant Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default"). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
I/We understood that non payment of any instalment will terminate / block my account from access until the fee is paid. Account will be blocked after (7) days from the due payment date. Account will be permanently locked and unrecoverable after (14) days from the due date. In case of "Permanent Locked" account, no previous data can be restored like - Study Material, Past Classes, Test Results etc.
I/We understood that sharing personal information like - Email, Address, Contact Number with faculty or other student(s) at TestprepKart can block my account and in severe cases can "Terminate / Permanent Locked" my account also.
I/We understood that I will behave properly with other student(s) and faculty(s) during the session. No misconduct, offensive languages, slangs are allowed with any participant during the session. TestprepKart decision will be final in such scenario.
The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this Agreement shall survive the termination of this Agreement.
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Fee Refund Policy
TestprepKart reserves the right to refuse/cancel any transaction. TestprepKart at its sole discretion may cancel any order(s):
- If it suspects a fraudulent transaction, or any action with malicious intent against our institution.
- For any reason outside the control of the TestprepKart including causes for delivery related logistical difficulties
You as a Parent/Student have also understood and agree to below mentioned points.
- I/We undertake that the information / details furnished / given by me/us by the counselor are correct and if any discrepancy is found in the said details / information, at any stage of my association with TestprepKart, TestprepKart may take any legal action against me/us which TestprepKart may deem fit including but not limited to my (student) expulsion from the institute and I/We shall not be entitled for any refund of fees / claim / compensation / damages etc.
- I/We understood that in an event of Third Party Financing - Bank Loan / Credit Agency Loan etc. TestprepKart is not a party between the Parent(s) and Bank or Credit Agency for any matter. I/We as a Parent(s) undertake the complete responsibility of all our transaction with Bank or Credit Agency.
- I/We undertake that I/We shall furnish / submit / complete the any remaining required documents and formalities by at least two days prior to commencement of course program. However if I fail to do so, TestprepKart may not allow me to attend the classes, unless otherwise allowed by TestprepKart in writing. I/We further undertake that I/We shall not claim any refund of fees/ cost of study material etc. already paid on ground of inability to furnish/complete documents / formalities.
- I undertake that if I leave the institute midway before completing the full course for any reason whatsoever, including but not limited to transfer of my Father / Mother / Legal Guardian / ill health of myself or any other member of the family or my admission in any institute / course / engineering college etc., or my studentship is cancelled because of misconduct etc., I or my Father / Mother / Legal Guardian shall not be entitled for refund of fees.
- I/We undertake that once I (student) join the online classes / program offered by TestprepKart, I/We shall not be entitled to change the class schedule / timings / program nor will I be entitled to refund of fees. However, if TestprepKart finds me competent/ eligible for the higher course / program, it may consider my request for change of program subject to payment of difference of course / program fee.
- In addition to the above, I understand without any ambiguity that the fee once paid is not refundable at all, whatever the reasons be, nor is it adjustable towards any other existing courses at TestprepKart or any yet to be launched nor towards the fee of any other existing or prospective student.
- I/We undertake and acknowledge that incase I/We indulge in any kind of litigation with TestprepKart, I/We shall not be entitled for any Awards / Rewards / Scholarships / Benefits etc. from TestprepKart and shall refund / return such Awards / Rewards / Scholarships / Benefits etc. If availed by the student, within a period of 15 days, failing which TestprepKart shall be entitled to recover the same through the appropriate court / forum along with interest, damages and cost of litigation.
- I/We understood that my account will freeze and classes will stop after 7 days of non payment of installment amount from the due date.
- I/We understood that my faculties can change during the course due to change in contracts or for any other reason. Change in Faculty, Session Timings cannot be treated as a base of fee refund. I/We understand that Faculty / Session Timings will be reinstated only when possible.
- I/We understood that my Books / Course Material (Hard Copy) will be sent using third party logistics within India or abroad. There can be potential delay / additional cost / package lost etc. In such scenario I/We will coordinate locally to track the package. In an event of Package Return from the destination, I/We are liable to pay "Return Fee" to TestprepKart.
Students fee can be refunded only in following below conditions.
- Fee will be refunded to the parent(s) if the course does not start after the lapse of 15 days from the committed start date as per the email.
- Fee will be refunded to parent(s) in case of the classes / course ends midway. The balance amount is eligible to be refunded after reducing the study material cost.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For all Participants in India and rest of the world., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Noida - Uttar Pradesh, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.