THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE.
1.0 Definitions • You, Your, Client, End-User, Business = Refers to customer of this web site www.tutorarc.com. • Company, Our, We, Us, Web site, the service, TutorArc, www.tutorarc.com, tutorarc.com = Unique TutorArc Pvt. Ltd. 2.0 Notice The Web site and its non user generated content is owned by TutorArc TM (also known as www.tutorarc.com, tutorarc.com). TutorArc does not take ownership of content created by its users. This Terms and Conditions is an agreement between Customer and TutorArc and apply to Customer's account(s) with TutorArc. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. TutorArc may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers 3.0 Back-Up Files TutorArc will make every reasonable effort to protect and backup data for registered Users on a regular basis, however TutorArc does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, users are solely responsible for independent backup of data stored on TutorArc website. 3.1 Content All content added to TutorArc is held until your account is closed, by you or TutorArc. Any content can be removed by TutorArc at any time. All test content/questions/answers and material uploaded to TutorArc are the responsibility of the user adding them. TutorArc will endeavor to remove any content which is deemed offensive and inappropriate. 4.0 Uptime TutorArc cannot guarantee 100% uptime, but does make every effort to keep maximum uptime. TutorArc takes no responsibility of events caused by any type of computer virus, hackers, server failure and the like. 5.0 You warrant that:- • You will keep secure your password/s used to access TutorArc. • No content of the adult nature can be used on TutorArc if users or instructors are under the legal age to view such content. • You accept responsibility for all information and material you issue over TutorArc, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through TutorArc. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through TutorArc, to the full extent permitted by the law. You access and use such information and material at your own risk. • You are solely responsible for dealing with persons who access your content on TutorArc, and must not refer complaints or inquiries in relation to such content to us. 6.0 We are not liable to you or any other person for:- • Cost, loss or liability (including loss of profit or other consequential damages) arising from our supply or failure or delay in supplying the Service. • The content, context or confidentiality of any communications made by using the Service. • The content and/or accuracy of content of any third-party websites or resources that are linked to from within TutorArc. Links to third-party websites or resources do not imply endorsement by TutorArc of such websites or resources. You accept sole responsibility for and assume all risk arising from your use of any such websites or resources. • Misuse or upload of any registered logo or trademark of any company, firm or alike. 6.1 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:- • your breach of these terms; • your use or misuse of the Service; • the use or misuse of the Service by any person using your account; and, • Publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service. 7.0 Suspension and Termination of Service We may from time to time without notice suspend the Service or disconnect or deny access to your Service:- • During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavors to procure the resumption of the Services as soon as reasonably practical; or • If you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardizing the operation of the Service, until the breach (if capable of remedy) is remedied. 7.1 TutorArc may without notice to you remove, amend or alter your data upon being made aware of:- • any claim or allegation; and • any court order, judgment, determination or other finding of a court or other competent body, that the data is defamatory, illegal, offensive or in breach of a third party rights. 7.2 We may end our agreement with you and cease providing Services for any reason immediately. 8.0 Billing TutorArc offers Online Examinational Platform service for Educational use only which requires a paid account. TutorArc may change prices or institute new charges for any services or features on tutorarc.com at any time. We reserve the right to disable accounts at any time with or without prior information. All pricing changes will be posted on our website or in just exam admin panel, and such postings shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so you have notice of such changes. 8.1 Monthly Credits TutorArc, Just Exam does not have monthly rental scheme. We charges only for exams. Once a student click at start exam button in his/her panel, exams are deducted from admin account. When exam count gets to zero the students cannot take exams/tests. As per fair policy unlimited validity is subjected to a period maximum 6 months without any upgradation. 8.2 Refunds All payments made to Unique TutorArc Pvt. Ltd. are refundable in case: • A Just Exam admin will get 100% money back if applies for it within 24 hours of sign up or upgrading his/her account. • A Just Exam admin will get 50 % money back if applies after 24 hours of sign up or upgrading his/her account. • A Just Exam admin will get no amount if applies after 7 days of sign up or up-gradation. • We will deduct Rs.1 per exam and return balance amount in case refund is initated from TutorArc. Refunds will be given at the discretion of the Company Management. 9.0 Advertising All types of accounts can display advertising to users. Direct link/Embedded tests can display advertising, only when tests are 'not set' to save results. Credits are used only when direct link/Embedded tests are set to save results. When you purchase advertising on tutorarc.com, justexam.in; you agree to pay all amounts specified in the order, along with any applicable taxes. We may obtain your credit report when you place an order, or at any time thereafter. 10.0 Accounts TutorArc - just exam provides two types of accounts i.e. admin account and students account. An admin account holder will get features and benefits as per its membership plan. TutorArc reserves the right to add, edit or delete any feature, functioning or working in any of the account type. 11. Membership All plans are yearly. We provide membership to any institute, school, college, university or organization whether public or private. An admin will get features and benefits as per signing up amount and conditions. Signing up does not include add-on services. Some Add on services are free in all types of membership by default for all types of accounts, rest are paid. TutorArc reserves the right to make any changes any time with or without notice to users in add-on services. 12. Upgradation A premium admin can upgrade his/her account any time 24/7. We accept payment online as well as offline:- • In case of online payment a premium admin account will be upgraded instantly as soon as payment is received against the service upgraded. • In case of offline payment :- a) Through Cheque/DD: o Your membership account will be activated within 24 hours (After your payment confirmation). Please send Cheque/DD in favour of “Unique TutorArc Private Limited” payable at Delhi (INDIA) for concerned amount as per membership by speed post/courier only. b) Through cash/Bank/Net Banking: o Your membership account will be activated within 24 hours (After your payment confirmation). Please deposit an appropriate amount in any branch of HDFC Bank in India as following A/C Bank Name : HDFC Bank Limited Account Holder : Unique TutorArc Private Limited, Bank A/C No. : 06092020000513, Branch Address : A - 37-39, Ansal Tower, Commercial Complex Dr. Mukherjee Nagar, Delhi -110009, INDIA, Account Type : Current A/C, IFSC Code : HDFC0000609, Swift Code : HDFCINBBDEL Or You can make payment in cash or cheque to our company marketing executive and will receive a bill against the payment made. Add-on services are not included in any plan, to enable them or any one of them separate payment (as per add on services) has to be made using the same payment channel. 13. Block/closed Account All accounts will be closed on their expiry date, if not upgraded. Just Exam admin need to upgrade before its account expiration date to continue services without any stoppage. If just exam admin does not upgrade till 30 days of its expiration period all data, information and records will be lost and TutorArc is not liable for the loss of any information or data in this case. TutorArc reserves the right to block or close any account if it fails or violate any terms and conditions, in addition management reserves right to block any account on the failure of payment on due date, in case the payment is done by a member and TutorArc doesn’t receives it due to any technical or any other reason, we not held liable for the closer of account. If any user is found misusing account in any way, the account will be closed. 14.0 General 14.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty. 14.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach. 14.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God. 14.4 We are not responsible for any misuse of patent or infringement of copyright by any of our premium user. In this case you agree to indemnify and hold us harmless from and against any claim arising out of it. 14.5 These Terms are governed by and construed in accordance with the law of the State of Delhi, India. 15. Tax liability. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so. |