TERMS OF SERVICE
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Last updated: September 20, 2022
Capitalized terms used and not otherwise defined in this Agreement or its schedules have the meanings set forth below:
Access Credentials shall mean the credentials that are used to access the mytestlive App by those users who have entered into a separate agreement with Us for the same. This also includes the access codes/invite links generated by mytestlive App from time to time;
User Content means Content that is transmitted, uploaded or stored on the Platform by You and in connection with the use of the Services;
Content means text, graphics, photographs, audio, video (including live videos), documentation, presentations and/or other content including any information and data;
Confidential Information shall mean any confidential or proprietary information, of a Party, in any form, including but not limited to the information relating to the such Party’s Content that is not in public domain which when disclosed is (a) marked as confidential (b) is identified as confidential at the time of disclosure; or (c) that is manifestly of a confidential nature. Confidential Information shall not include information that is (i) publicly available prior to this Agreement and/or is made publicly available by the disclosing Party without restriction; (ii) rightfully received by the receiving Party from third parties without accompanying confidentiality obligations; (iii) already in the receiving Party’s possession and was lawfully received from sources other than the disclosing Party; and (iv)independently developed by the receiving Party outside of this Agreement;
Device shall mean any smartphone, computer equipment, tablet computer, smartwatch and includes any device capable of being used by You to access and use the Services;
Enrol, Enrolment and Enrolled shall mean the accessing of the Platform by You by entering the Access Credentials and/or any other information as may be required for such Enrolment by Us from time to time. You may Enrol on the Platform as a ‘Teacher’ or a ‘Student’ provided however, any Enrolment by You shall be conditional to Your fulfilling the Eligibility Criteria under Paragraph 4;
Effective Date shall mean the earlier of the date on which You first access the Platform or the date of Enrolment;
Licensor Content means Content that is made available by mytestlive to the You in connection with the Services.
SCOPE OF SERVICES
We aim to provide easy access to education by way of Our Platform and Services. Our Platform can be accessed at a comparatively lower network speed/bandwidth. You can access the Services on Our Platform by entering Your phone number and entering the ‘one-time password’ generated. By doing this, You shall be able to create an account profile, which shall enable You to access the Platform. You can Enrol on the Platform as a Teacher and/or Student based on Your intent to use Our Platform. In case You have executed an agreement with Us and/or opted for additional Services, You may be requested to provide additional details such as Your name, email address, phone number etc. Once You have Enrolled on the Platform, We also provide an option for you to customise Your experience by uploading a picture in the space provided.
It is clarified that the use of the Platform is for educational purposes only and shall at all times be in accordance to the applicable laws from where You access the Platform. Adherence to the same shall be wholly Your responsibility and obligation. You understand and acknowledge that the Services provided by Us are in good faith. We do not make any representation and/or warranty in relation to the veracity of the information provided by or to You and/or in general for any Services provided.
mytestlive App reserves the right to delete Your user account and/or restrict Your use of the Services and/or Platform at any point in time if it is brought to Our notice that You have misused Our Platform in any manner. Such deletion shall be at Our sole discretion. Further, Access Credentials given to You shall only be used by You unless specifically permitted otherwise. We shall endeavour to ensure that the Access Credentials enable You to avail Our Services and/or access the Platform at all times. However, we assume no liability in any manner for the misuse of the Access Credentials. Further, due to any reason if these Access Credentials are faulty, We shall endeavour to rectify such fault and provide You with the necessary support. However, We do not guarantee the same.
We shall not provide You with any Device to use the Platform and/or Services. However, we may provide Updates (as defined hereinafter) from time to time without prior notification. Updates may be chargeable.
TERMS OF THE SERVICES
The Services are subject to the terms of the Agreements. The Company may discontinue and/or revise any or all aspects of the Services and/or the Platform at Our sole discretion without prior intimation to any party.
The appropriate means of providing the Services, including the method, technology and route of delivery of the Service to You shall be determined by Us and We may vary the method, technology and route of delivery at any time without notice. Where such change may materially affect the Services, a notification may be provided to You on the Platform.
In order to fulfil the larger objective, We may collect and store Your data, including but not limited to, the amount of time You access Our Platform and/or avail Our Services, Your presence in a virtual classroom, assignments submitted online, presentations, discussion threads etc. Please consider carefully what You choose to share and/or make public, the Company has no responsibility for that activity and/or for the type of information shared and/or for any misuse of information.
You acknowledge and agree that any material uploaded by You, including texts, graphics, presentations, live lectures and/or any other Content may be retained by Us to improve Our Services and the operations of the Platform. We acknowledge and agree that any User Content developed by You and presented on the Platform shall belong solely to You so long as You have not used any of the Services and/or the Platform in the development of the same.
You represent and warrant that You shall not attempt, directly or indirectly, to make or cause to conduct any such activity on the Platform and/or the Services for any prohibited purposes under the law, including but not limited to, under the provisions of the Information and Technology Act, 2000.
Only those persons who are competent/capable of contracting within the meaning of the Indian Contract Act, 1872, shall be eligible to Enrol on the Platform and/or access Our Services.
In the event a minor utilizes mytestlive App and/or the Services, it is assumed that he/she/they have obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of mytestlive App or any of Services that may occur by virtue of any person, including a minor, Enrolling on mytestlive App and/or for any Services provided.
By Enrolling on mytestlive App and/or using any Services You warrant that all the data provided by You is accurate and complete and that by Your Enrolment on mytestlive App/ use of any Services, You have obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your Enrolment and restrict Your access to mytestlive App and/or any Services if it is discovered that You are under the age of 18 (eighteen) years and/or are incapable of contracting under the Indian Contract Act, 1872 and the consent to use mytestlive App and/or avail any Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.
The criteria specified under this paragraph shall be defined as the Eligibility Criteria.
Such person who wishes to Enrol on mytestlive App as ‘Teacher’ shall meet the Eligibility Criteria under Paragraph 4. A ‘Teacher’ is bound and legally liable to conduct classes/lectures that are not in any manner prohibited under the applicable laws. A ‘Teacher’ shall ensure that the details of the classes, including but not limited to, the subject matter and timing, as required to be entered on the Platform, are correct and accurate. Any incorrect information provided by the Teacher shall be the sole liability of the Teacher and mytestlive App shall not be liable in any manner of the same.
Students shall access the Platform by themselves only with if they are above the age of 18 (eighteen) years or any other such age of attaining majority as may be applicable in the place where You are accessing the Platform and/or availing the Services from as a ‘Student’.
Your data and Content may be stored and/or retained by Us. Further, We shall retain Statistical Data (as defined hereinafter), including the time spent by You during a class conducted. We reserve the right to share and use this data to provide features, Services and enhance Our Platform.
We may also use the services of third party service providers to process such data collected from You. We shall not be responsible for any liability arising out of the same.
The Company enables payments via payment service providers (“PSP”) partners and the User should take care not to share their personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User.
While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorisation for any transaction; or
Exceeding the pre-set limit mutually agreed by you and between the third-party bank; or
Any payment issues arising out of the transaction; or
Decline of transaction for any other reasons.
Applicability of GST: You hereby confirm that you are not registered or required to be registered under the applicable Goods and Services Tax Act. Accordingly, you confirm that the goods and services tax (GST) is not applicable to the services provided by you through the Platform.
In the event that the GST is applicable on the services provided by you, you shall intimate us about the same at least 10 (ten) days in advance through written communication sent to email@example.com along with details of GSTIN. Upon receipt of the written intimation, we shall collect GST at source in terms of the provisions of applicable law at the relevant point in time and pass on the credit to you by filing the relevant returns.
It is hereby confirmed that we shall not be responsible for any of your GST liability arising on the services rendered by you through the Platform or otherwise.
Further, in case of any tax, penalty or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the afore-mentioned aspects on GST, such implications including but not limited to taxes, interest and penalties, shall be immediately reimbursable by you to us.
The users who are selling online courses or collecting fees online through mytestlive App would be paying a transaction charge of 5% of every domestic transaction and 10% of every international transaction that happens through the platform. This is inclusive of the payment gateway charges (on actual) applied by the payment gateway on every transaction.
Payment transactions cannot be cancelled after initiating the transaction. If the User has entered the wrong number/VPA ID, then the Company is not a liable party in the transaction.
The Company does not support refunds on the Payment transactions being enabled on the Platform
Payment of services
As of date, the access to the Platform and certain Services are provided free of cost (except those that are specifically marked as chargeable). The Company has the sole discretion to charge for the Services provided including access to the Platform at any point in time.
COLLECTION OF INFORMATION
We understand that in the course of Your use of the Platform, You may share certain details (Details), from time to time. We may, at Our sole discretion, authenticate these Details as part of a check. These Details shall be true and accurate. If found that such information is false and/or inaccurate, We shall be entitled to report the same to the applicable authorities and/or take necessary action as required under law. This shall include perusal of the kind of Content uploaded by You.
You shall ensure that the Content and Details do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. We do not take responsibility of the genuineness and/or veracity of the Details and/or the Content provided on the Platform.
By submitting Content and or Details on mytestlive App and/or through any Services, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) and to associate Your Content with You. You agree that others may use Your Content in the same way as any other content available through the Services or on mytestlive App. Other users of mytestlive App/Services may fork, tweak and repurpose such Content in accordance with these Terms. You shall save, defend and keep us wholly indemnified against all and any liabilities/losses that may arise due to any action and/or omission by Us as contemplated under this Paragraph 9.
You acknowledge that Company does not not make any representations and/or warranties about the Services and/or Platform, which You may have access. Under no circumstances shall We be liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.
You shall not, (a) modify, alter, tamper with, repair, or otherwise create derivative works of mytestlive App including of any Content and/or Services; (b) reverse engineer, disassemble or decompile the Platform in order to avoid incurring fees or exceeding usage limits; (d) remove, modify or obscure any intellectual property or proprietary rights of the Company and its licensors.
CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content/Details shared by You violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
All such Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including Content and/or content in any form whatsoever, whether or not created by You, including any generation, transmission, use or storage of such content on the Platform.
You grant Us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services.
LINKS TO THIRD PARTY SITES
mytestlive App may contain links to or may embed other websites owned and operated by any third parties who are not related to mytestlive App or the Company in any manner (Linked Websites). The Linked Websites are not under the control of the Company and the Company is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
mytestlive App provides these links to You as a manner in which Your access to the Services is convenient. The inclusion of any link does not imply any endorsement of the Linked Website by Us. Your link to any such Linked Website is entirely at Your own risk. The Company and/or mytestlive App is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
mytestlive App may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Using YouTube Data APIs
We use YouTube Data APIs to help you upload videos recorded on the platform or saved on your device to your YouTube account directly.
Use of APIs - We follow YouTube and Google policy when using these APIs to
Get list of channels attached with your Youtube Account
Upload video to your Youtube channel
You can revoke the our access to your account via the Google security settings page at https://security.google.com/settings/security/permissions
By using the application, you agree to the YouTube Terms of Service: https://www.youtube.com/t/terms
ACCESS TO mytestlive APP
The Services and use of mytestlive App are not available to those Persons who do not meet the Eligibility Criteria under Paragraph 4 and/or as under the applicable laws.
Enrolment: You agree to (a) only provide accurate and current information about Yourself, (b) maintain the security of Your account profiles, (c) promptly update any information as may be requested by Us from time to time and shall keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so. You further agree that You meet the Eligibility Criteria as per Paragraph 4 of the Terms.
Using of the Services on mytestlive App does not deem to grant You any right on mytestlive App and does not make You a permanent member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall You have any of the rights of statutory members of the Company.
As a guest, You can navigate and browse but cannot avail any Services without providing Us with basic details about Your name, e-mail ID and phone number.
You agree that any information provided by You shall always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your account and You agree to accept responsibility for all activities that are undertaken under Your account.
You shall not (a) use mytestlive App and/or any of the Services for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
We reserve the right to remove comments and/or postings on the Platform and/or any social media page or site or otherwise that violates any applicable laws or are defamatory in nature. We shall remove Content or any other content which We have reason to believe (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) pertains to unsolicited advertising and messages, promotional materials, junk mail, spam etc.; (c) is reasonably believed to be (without independent verification) fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that may constitute a criminal offense or that gives rise to civil liability; (g) sends or stores material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempts unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restricts or inhibits any other party from using the Service; and (vi) false information/misrepresentation of Yourself.
You agree to indemnify and hold the Company, its officers, directors, employees and agents harmless from all and any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of mytestlive App and/or any Services availed by You, any violation of the terms of this Paragraph 14.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Company does not endorse and/or act on behalf of any Student, Teacher or third party. In the event You engage the services of/interact with any Student, Teacher or third party, through mytestlive App, the Company will not be liable to You for any act or omission by such Student, Teacher or third party in relation thereto and for any Content shared by a Student, Teacher or third party.
Certain contents on mytestlive App and/or the Services may contain opinions and views. The Company shall not be responsible for such opinions and/or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on Wise App, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not the Company knows or has reason to know or has been advised of any such purpose; (b) warranties as to any results to be obtained from any use of the Content or information derived from use of mytestlive App and/or any Services; (c) any continued access or uptime; and (d) any time period within which downtime shall be rectified.
The Company shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Content, use of the Platform or any Services, any third party claims, any damages incurred by any party that arises out of the use of Our Platform and/or Services, either directly or indirectly, including any virus attacks, service attacks and/or Trojan attacks, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Content.
mytestliveApp, all the materials and services, included on or otherwise made available to You through this Platform is provided by the Company on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing including without limitation, accuracy of content, non-infringement, non-interference, merchantability or fitness for a particular purpose or that the Services will be uninterrupted, timely or error-free. Without prejudice to the forgoing paragraph, the Company does not warrant that:
mytestlive App will be constantly available, or available at all;
The information on mytestlive App and/or provided through the website is complete, true, accurate or not misleading; or
The quality of any products, Services, information, and/or other material that You obtain through the Platform will meet Your expectations.
We use internally developed systems for providing You access to and facilitating Your use of mytestlive App. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of mytestlive App. We may also add additional features and functionality to mytestlive App that might result in the need to develop or license additional technologies. Increased utilization of mytestlive App or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
You agree to indemnify and hold the Company harmless from its officers, directors, employees and agents:(i) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of mytestlive App and/or any Services availed by You, any violation of the terms of the Agreements; (ii) any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; (iii) for fraud committed by You; (iv) Your infringement of any intellectual property and/or other right of any person or entity; (v) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on mytestlive App. Your obligations under this Paragraph 16 shall survive the termination of the Agreements.
The Company makes no representation that the content contained on mytestlive App is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of mytestlive App. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of mytestlive App and availing the Services in such jurisdictions.
PRIVACY AND CONFIDENTIALITY
You agree that Your obligations under this Paragraph 18 are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to the Company and that, in addition to any other remedies that may be available, in law, equity or otherwise, We shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.
The restrictions in this Paragraph 18 shall not apply to disclosure of Confidential Information by either party if and to the extent the disclosure is: (a) required by the applicable law of any jurisdiction; (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law; or (c) made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph. Provided that, restriction in this this Paragraph 18 shall not apply to disclosures of Confidential Information made by the Company to its shareholders, directors, managers, advisors, potential investors and/or affiliates. Provided further that the Company may disclose the Confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph 18 provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph.
mytestliveApp is operated by and is the sole property of the mytest.live. Any and all material on mytestlive App and/or provided whilst, during or after the Services, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to mytestlive App (excluding content uploaded specifically by a user) is and will remain the exclusive property of the Company and/or its licensors.
From time to time, We test various aspects of mytestlive App, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.
By submitting any content or material to mytestlive App, including names, logos and/or any material that is protected through trademark, copy right, word mark, etc. of Yourself or Your enterprise, You hereby grant Us a worldwide, non-exclusive, royalty-free, perpetual, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such content in connection with mytestlive App and Our business, including without limitation for promoting and redistributing part or all of the mytestlive App (and derivative works thereof) in any media formats and through any media channels. In the event it does so, the Company will seek to maintain the confidentiality of the content consistent with Your account classification, but once again cannot guarantee any such confidentiality.
We shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on mytestlive App.
If You are a copyright owner or an agent thereof and believe that any content on the mytestlive App infringes upon Your rights, You may contact firstname.lastname@example.org and provide details requested in regards to such infringement.
GOVERNING LAW AND DISPUTE RESOLUTION
The arbitration shall be conducted by a sole arbitrator jointly appointed by the Company and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
Unless otherwise provided herein, all notices and other communications shall will be deemed to be served to You through notifications on mytestlive App and/or at the registered phone number provided by such user as soon as We send such notice. It is the sole responsibility of such user to update their respective information including but not limited to the e-mail addresses, phone numbers and postal address (if any). We shall not be responsible for non-receipt of any such communication sent by Us.
We shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.
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