PREPARE FOR DESIGN SERVICE AGREEMENT
The following is an agreement between
Services (“PREPARE FOR DESIGN”) and any person or other legal entity, and in
the case of persons under the age of majority, their parent or legal guardian,
(“you”, “your” and the “account holder”) who wishes to use the PREPARE FOR
DESIGN Test Preparation Site (the “Site”) and the service provided on the Site
(the “Service”). This PREPARE FOR DESIGN service agreement (“Agreement” or “Terms
of Use”) consists of the following provisions, any terms and conditions
incorporated by reference, and the information provided by you as part of the PREPARE
FOR DESIGN sign-up process.
By correctly completing and indicating your
agreement in the registration process, you enter into the Agreement. This
Agreement is effective upon registration, and governs your use of the Service
and the Site.
Persons under the age of 18 may use this
Site and submit personal information to us only in conjunction with and under
the supervision of their parents or guardians. The use of this Site by a person
under the age of 18 constitutes the agreement of the parent or guardian to
these Terms of Use.
If you are an individual entering into this
Agreement on behalf of a company or other legal entity, you represent that you
have the authority to bind such entity to this Agreement. If you do not agree
with each provision of this Agreement, or you are not authorized to enter into
this Agreement, or you do not have the legal capacity to enter into this
Agreement, you may not enter into the Agreement or use the Service.
Service Policy
Once you purchase any service from us (PREPARE
FOR DESIGN) you received an access to prepare yourself for Entrance Exam. The
Person you purchase are services not allow to share or give or provide their
username and password to anyone, if we receive any or find any users login from
two places (IP Address.) immediately there service will be barred without any
notice.
ACCEPTANCE OF TERMS
Welcome to the PREPARE FOR DESIGN Test
Preparation Site. Everyone who uses the Service - even on a trial basis - is
subject to this Agreement. This Agreement is between you and PREPARE FOR DESIGN.
You may not change, supplement or amend this Agreement in any manner. You must
be at least 18 years old to use the Service. If you are under the age of 18,
you can use this Service only in conjunction with, and under the supervision of
your parents or guardians. It is your sole responsibility to determine whether your
use of the Service is lawful, and you must comply with all applicable laws in
using the Service.
PREPARE FOR DESIGN may unilaterally amend
or supplement this Agreement from time to time on notice as permitted in the
manner described in this Agreement, and your continued use of the Service shall
constitute your acceptance of such amendments. If required by law, PREPARE FOR
DESIGN will notify you at the email address you provide to us on registration
and give you prior notice of such amendments and the opportunity to terminate
this Agreement if you do not agree with such amendments.
DESCRIPTION OF SERVICE
The Service consists of the provision by PREPARE
FOR DESIGN to you of access to the PREPARE FOR DESIGN Test Preparation Site,
which provides tools to you that will enable you to take online tests. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service shall be subject to the terms and conditions of this Agreement.
The Service may not be used for any purpose not expressly permitted by this
Agreement. You may not reproduce, copy, duplicate, sell or resell any part of
the Service.
REGISTRATION
You agree to: (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site (“Registration Data”); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to PREPARE FOR DESIGN, to keep it accurate,
current and complete; and (d) be responsible for all use of your account and
for any actions that take place using your account. If you provide any
information that is untrue, inaccurate, not current or incomplete, or PREPARE
FOR DESIGN has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, PREPARE FOR DESIGN has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service.
You are responsible for all activity
occurring on your account and shall abide by all applicable local, provincial,
federal and foreign laws, treaties and regulations in connection with your use
of the Service, including those related to data privacy. You agree to
immediately notify PREPARE FOR DESIGN of any unauthorized uses of the account
or any other breaches of security. PREPARE FOR DESIGN cannot and will not be
liable for any loss or damage from your failure to comply with this security
obligation.
All user names and passwords remain the
property of PREPARE FOR DESIGN and may be cancelled, changed or suspended at
any time by PREPARE FOR DESIGN without notice. PREPARE FOR DESIGN is not under
any obligation to verify the actual identity or authority of the user of any
user name or password.
OWNERSHIP OF SITE CONTENT AND LIMITED
LICENSE
1. All content on the Site and available
through the Service, including but not limited to designs, text, graphics,
pictures, video, information, applications, software, music, sound and other
files, and their selection and arrangement (the “Site Content”), is the
property of PREPARE FOR DESIGN, its users or its licensors, with all rights
reserved. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without PREPARE FOR DESIGN prior
written permission, except that (i) the foregoing does not apply to your own
User Content (as defined below) that you legally post on the Site, and (ii) any
Site Content provided by Third Parties for sale or license through the Site
(“Third Party Content”) is subject to the terms and conditions established by
those Third Parties from time to time, as described on the Site (“Third Party
License Terms”).
2. Provided that you are eligible for use
of the Site, you are granted, solely for your personal, non-commercial use, a
limited license to access and use, and to download or print a copy of, any
portion of the Site Content, other than Third Party Content, to which you have
properly gained access, provided that you keep all copyright or other
proprietary notices intact. Such license is subject to these Terms of Use and
does not include use of any data mining, robots or similar data gathering or
extraction methods. There are important restrictions on your use of certain
information available on the Site described in our Privacy Policy, and you
agree that your use of that information is governed by the license for it
contained in the Privacy Policy.
3. Your rights to use Third Party Content
are as described in the applicable Third Party License Terms.
4. Any use of the Site or the Site Content
other than as specifically authorized herein, without the prior written
permission of PREPARE FOR DESIGN com or the applicable Third Party, as the case
may be, is strictly prohibited and will terminate the license granted herein.
Such unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
TRADEMARKS
PREPARE FOR DESIGN, Savvica and other PREPARE
FOR DESIGN graphics, logos, designs, page headers, button icons, scripts and
service names are trademarks or trade dress of PREPARE FOR DESIGN. Trademarks
and trade dress used by Third Parties in association with the sale or license
of their goods or services on the Site are the property of the respective
owner.
Such trademarks and trade dress may not be
used, including as part of trademarks and/or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of the respective owner.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You agree that you must evaluate, and bear
all risks associated with, the use of any Site Content, including any reliance
on the accuracy, completeness, or usefulness of Site Content.
FEES
PREPARE FOR DESIGN may from time to time
charge fees for the use of the Service. Our fees, if any, are available on the
Site. Unless otherwise stated, all of our fees are quoted in Indian Rupees. You
are responsible for paying all fees associated with the use of the Service
through your account, and for all applicable taxes.
TERM AND TERMINATION
1. This Agreement commences when created
and continues until terminated by either PREPARE FOR DESIGN or you. PREPARE FOR
DESIGN reserves the right to refuse access to the Service to any person at any
time for any reason, or for no reason. Termination of this Agreement does not
terminate any agreement you enter into with a Third Party through the Site.
2. You may terminate the Service by giving
at least 30 days written notice to PREPARE FOR DESIGN. You will be responsible
for the fees applicable to your usage of the Site for those 30 days. If you
cancel the Service, your cancellation will take effect at the end of those 30
days. After cancellation, you will no longer have access to your account and
all information contained therein may be deleted.
3. PREPARE FOR DESIGN may terminate this
Agreement and your account, delete your profile for any reason, or no reason,
at any time in its sole discretion, with or without notice. PREPARE FOR DESIGN may
also terminate this Agreement if you do not provide a valid credit card for the
payment of fees hereunder. If your credit card is invalid or charges are
declined, we will notify you and attempt to charge the card again in 72 hours.
If your credit card is invalid or charges are declined again, we will notify
you and you will have an additional 72 hours to provide us with a new credit
card. If the replacement credit card is invalid or charges are declined, you
access to the Service may be cancelled and all of your information deleted
permanently.
4. When your account is terminated by us or
by you, any comments you have posted on the Site may in our discretion remain
on the Site. Any other User Content that you have posted on the Site shall
either be removed or shall stay on the Site as you and we agree. The license to
your User Content that you grant to us in this Agreement will survive in
perpetuity with respect to any of your User Content that remains on the Site
after termination of your account.
5. When we are notified that a user has
died, we will generally, but are not obligated to, keep the user’s account
active under a special memorialized status for a period of time determined by
us to allow other users to post and view comments.
6. Upon termination of the Service, for
whatever reason, Clauses 4(a) and (d), 5, 7, 9, 10, 11(d) and (f), 12, 16, 18
and 19 shall continue to apply following the termination.
PREPARE FOR DESIGN Privacy Policy
Registration data and certain other
information about you is subject to our Privacy Policy, the terms of which are
incorporated into this Agreement by reference. The terms of our Privacy Policy
may be found here. You represent and warrant to PREPARE FOR DESIGN that you
have obtained all required consents with respect to any personal information
(of any person) provided by you to PREPARE FOR DESIGN, and that PREPARE FOR
DESIGN may use such personal information for the purposes of operating the
Service.
TECHNICAL, CUSTOMER, AND SALES SUPPORT
Technical, customer, and sales support for PREPARE
FOR DESIGN is only provided via email or other online means and is not provided
in person or via phone.
INTERNATIONAL USE
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data in which you reside.
LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because PREPARE
FOR DESIGN has no control over such sites and resources, you acknowledge and
agree that PREPARE FOR DESIGN is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that PREPARE
FOR DESIGN shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any
such site or resource.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless
the PREPARE FOR DESIGN Parties from any liability, cost, expense, loss, claim
or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by
any third party due to or arising out of your User Content, your use of the
Service, your breach of this Agreement or the documents it incorporates by
reference, or your violation of any law or the rights of a third party in
connection with the Site or the Service.
You agree to release the PREPARE FOR DESIGN
Parties from any claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with any dispute you
have with one or more of our users or any Third Party providing goods and
services through the Service.
MODIFICATIONS TO SERVICE
PREPARE FOR DESIGN reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) or prices with or without
notice. You agree that PREPARE FOR DESIGN shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
DISCLAIMERS
1. PREPARE FOR DESIGN assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, user communications. PREPARE FOR
DESIGN is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers,
computer or mobile phone equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any
Site or combination thereof, including injury or damage to a user's or to any
other person's computer, mobile phone, or other hardware or software, related
to or resulting from using or downloading materials in connection with the Web
and/or in connection with the Service.
2. Under no circumstances will PREPARE FOR
DESIGN be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of
the Site or the Service, any User Content posted on or through the Site, or any
interactions between users of the Site, whether online or offline.
3. Your use of the Service is at your sole
risk. The Service is provided on an “as is” and “as available” basis. PREPARE
FOR DESIGN expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, performance and
non-infringement, or of availability or results. PREPARE FOR DESIGN does not warrant
that (i) the Service will meet your specific requirements, (ii) the Service
will be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the Service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material purchased
or obtained by you through the Service will meet your expectations, and (v) any
errors in the Service or any software will be corrected.
4. Any Site Content downloaded or otherwise
obtained through the use of the Service is done at your own discretion and risk
and that you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material.
5. No advice or information, whether oral
or written, obtained through or from the Service shall create any warranty not
expressly stated in the Agreement.
6. PREPARE FOR DESIGN reserves the right to
change any and all Site Content, software and other items used or contained in
the Site and any Services offered through the Site at any time without notice.
7. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by PREPARE FOR DESIGN.
LIMITATION OF LIABILITY
In no event will the PREPARE FOR DESIGN Parties
be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special, aggravated, exemplary or punitive damages,
including but not limited to damages for loss of profits, goodwill, use, data
or other intangible losses, and whether arising out of contract, tort,
negligence (including strict liability), warranty, indemnity or otherwise,
arising from your use of the Site or the Service, or any of the Site Content or
other materials on, accessed through or downloaded from the Site or the
Service, even if the PREPARE FOR DESIGN Parties are aware or have been advised
of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, the PREPARE FOR DESIGN Parties’ maximum aggregate liability
to you for any cause whatsoever, and regardless of the form of the action, will
at all times be limited to the amount paid, if any, by you to PREPARE FOR
DESIGN for the Service during the term of your membership, but in no case will
such liability to you exceed Rs. 10,000. You acknowledge that if no fees are
paid to PREPARE FOR DESIGN for the Service, you shall be limited to injunctive
relief only, unless otherwise permitted by law, and shall not be entitled to
damages of any kind from the PREPARE FOR DESIGN Parties, regardless of the
cause of action.
GENERAL
You acknowledge that PREPARE FOR DESIGN may
establish general practices and additional limits concerning use of the
Service. Notices to you may be made via either email or website posting. The
Service may also provide notices of changes to the Agreement or other matters
by displaying notices or links to notices to you generally on the Service. PREPARE
FOR DESIGN respects the intellectual property rights of others you must do the
same. You and PREPARE FOR DESIGN are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee relationship
is intended or created by this Agreement. The Agreement and the relationship
between you and PREPARE FOR DESIGN shall be governed by and construed and
interpreted in accordance with the laws of Ontario, Canada and the federal laws
of Canada applicable therein. You agree to submit to the personal and exclusive
jurisdiction of the courts located within Ontario, Canada. The failure of PREPARE
FOR DESIGN to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision. The Agreement, including
the Privacy Policy, the information provided to you and by you during the
sign-up process and during the upgrade/downgrade of your account, and any other
documents that are incorporated into this Agreement by reference, constitutes
the entire agreement between you and PREPARE FOR DESIGN and governs your use of
the Service, superceding any prior agreements between you and PREPARE FOR
DESIGN (including, but not limited to, any prior versions of the Agreement).
You also may be subject to additional terms and conditions that may apply when
you use other PREPARE FOR DESIGN services, or third-party content, software or
services offered through the Service. If any provision of the Agreement or
incorporated documents are found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in such provision, and the other
provisions of the Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Agreement are for convenience only and have
no legal or contractual effect. PREPARE FOR DESIGN shall not be responsible to
you as a result of any delay or default in carrying out its obligations
hereunder which is due in whole or in part to an event beyond of the control of
PREPARE FOR DESIGN.
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