These Terms & Conditions (“Terms”) of (a) use of our website www.crestest.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through PCs, SD cards, tablets or other storage/transmitting device are between Crestest Learning Ventures LLP (“Company/We/Us/Our”) and its users (“User”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
These Terms and the privacy policy of the Company (“Privacy Policy”) should be read and understood carefully with respect to registration with us, the use of the Application, Website, Services and products before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Users’ use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify the Users’ acceptance of the Terms and their agreement to be legally bound by the same.
Any User not agreeing with the Terms or the Privacy Policy, is advised to refrain from using the Application or Website or avail of the Services or products. Any access to our Services/Application/products through registrations/subscription is non-transferable.
1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary to the Company and are property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. The User may own the medium on which the information, content or materials reside, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, the Users recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and the Users are not permitted to use the same without the consent of the respective third party.
2. The use of our products, Website, Application and Services is solely for the Users’ personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. The personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
i. No User may decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
ii. No User shall (a) use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company
iii. No User shall be permitted to perform any of the following prohibited activities while availing our Services:
a. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
c. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
d. Interfering with any other person's use or enjoyment of the Application/Website/Services;
e. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
f. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
g. Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
h. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
i. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;
j. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;
k. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
l. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;
m. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
n. Alter or modify any part of the Services;
o. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
p. Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
3. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. The User acknowledges that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permissible under law.
4. Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an ‘As Is’ basis and we assume no liability for the accuracy or completeness or use or obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability or incompleteness of such information. From time to time the Website may also include links to other websites. These links are provided for Users’ convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Users may not create a link to the Website from another website or document without the Company's prior written consent.
5. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means, methods and practice of delivering structured curriculum and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
6. Certain contents in the Application/Services/Website/products may contain opinions and views. The Company shall not be responsible for such opinions 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.
7. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, the Company will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether we have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
8. The Company (including but not limited to its subsidiaries/affiliates) may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through sms, email and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) or Do not Disturb (DND) database. By registering, the User agrees to make his/her contact details available to Our employees, associates, subsidiaries, affiliates and partners so that the User may be contacted for education information, offerings and promotions through telephone, SMS, email etc.
9. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilising the Services, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyse such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
10. While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
11. Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
12. The Company shall have no responsibility to the user for any loss or damage caused to PC, tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from the User’s use of our products and Services.
13. In order to encourage Customer Retention and Loyalty, Company encourages its Customers, Fintech Partners and other stakeholders to refer customers to buy CLV Products & Services. Company at its option can pay referral bonus subject to applicable laws. Since this is an optional selective policy of the Company, the decision of the Company is final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no Customer, Fintech Partner or other stake holder shall do business with the Company in anticipation of such Bonus. Company shall not be held responsible if some Customer has done business with the objective of getting referral bonus as Bonus paid by the Company is purely dependent on its own discretion based on internal parameters and various demographic and economic factors.
14. In order to access the Services and to avail the use of the Application/products, Users shall be required to register themselves with the Application/Services/products and maintain an account with the Application/Services/products. Users will be required to furnish certain information and details, including their name, mobile number, e-mail address, residential address, grade/class of the student, school name, Board of education, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
15. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if a User wishes to use Our products or Services, such use shall be made available to the User by his/her legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has 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 Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services the Users warrant that all the data provided by them is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Users’ subscription and / or refuse to provide them with access to the products or Services if it is discovered that they are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by their parent/legal guardian or any information provided by them is inaccurate. Users acknowledge that the Company does not have the responsibility to ensure that they conform to the aforesaid eligibility criteria. It shall be the Users’ sole responsibility to ensure that they meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
16. Users agree to defend, indemnify and hold harmless the Company, its 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) Th use of and access of the Application/Website/Services; (ii) Users’ violation of any term of these Terms or any other policy of the Company; (iii) Users’ violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that their use of the Application/Website/Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
17. In no event shall the Company, its officers, directors, employees, partners or agents be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, the use of, or access to, the Application.
18. In the event of Users’ breach of these Terms, they agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.
19. Any violation by the Users of the terms of this Clause may result in immediate suspension or termination of their respective Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose such Account Information if required by any Governmental or legal authority. Users understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
20. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai and the Users hereby accede to and accept the jurisdiction of such courts.
21. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to the User. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. Users agree that the Company shall not be liable to them or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
22. Disclaimer: The Website, the Application and the Services are provided on an “AS IS” basis with all inherent features and faults and without any warranty of any kind. The Company hereby disclaims all warranties and conditions with respect to this Website, Application, Products and Services, including without limitation, all implied conditions of merchantability, fitness for purpose, title, accuracy, timeliness, performance, completeness, suitability and noninfringement. Further, the Company shall not be liable for any damages arising out of or in connection with the use or performance of this Site, the Application or the Services. Use of any information or contents on this Website / Application /Service / Products is entirely at the risk of the user, for which the Company shall not be liable. It shall be the User’s sole responsibility to ensure that the Services provided by the Company meet the User’s specific requirements.
23. General Provisions:
24. Feedback:
25. Customer Care:
We make all the best endeavours to provide our Users with a pleasant experience. In the unlikely event that they face any issues, they may kindly contact us at support@crestest.com.
Refunds & Cancellations
Once purchased by the Users, our products and services are non-refundable, as a general policy. The management of the Company, can at its sole discretion and based on the facts and circumstances of the case, consider a refund, waiver or reduction of the prices of our products or services purchased by the user as a matter of exceptional or extraordinary event and without creating a precedence.
A refund shall only be agreed to and processed by the Company in an unlikely event of the product or service, that has already been purchased and paid for by the User, but rendered undeliverable due to a constraint, failure, technical fault or such inability on the part of the Company and such constraint, failure, technical fault or such inability could not be addressed and rectified by the Company within 15 days of the same being brought to the notice of the Company in writing, by the User.
However, any product or service paid for more than once in rapid succession in a short period of time, by mistake, by the User shall, upon a written request by the User and mailed to the Company to the id: support@crestest.com, be considered for a refund of the excess amount, if any, at the sole discretion of the Company.
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