BMTC

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	<h3 class="form-signin-heading" align="center">Term & Conditions</h3><hr />
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	 Testpan India Private Limited ("us", "we", or "Testpan", which also includes its affiliates) is the author and publisher of the mobile application "BookMyTestCenter" ("Application")   as well as software and applications provided by Testpan, including but not limited to the mobile application</label>
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<p>1. NATURE AND APPLICABILITY OF TERMS</p>

<span>The terms and privacy policy together constitute a legal agreement ("Agreement") between you and Testpan in connection with your visit to the Application and your use of the services. 
By downloading or accessing the Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the agreement for any reason and at any time. Such modifications shall be informed to you in writing. You should read the agreement properly and at regular intervals. Your use of the Application after any such modification constitutes your agreement to follow and be bound by the agreement so modified. If you do not accept the terms and conditions stated herewith, you will not be able to proceed with this site. 

Your access to the use of Application and the services will be solely at the discretion of Testpan.

<p>The agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:</p>
<li>The Indian Contract Act, 1872,</li>
<li>The (Indian) Information Technology Act, 2000</li>
<li>The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (The "SPI Rules")</li>
<li>The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (The "IG Rules")</li>
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<p>2. CONDITIONS OF USE</p>

<span>You are not permitted to use the Application or services for nay unlawful purpose or any purpose prohibited under this clause. You are not permitted to use the Application or services in any way that could damage the APPLICATION, services or general business of the company.</span>
<p>You are further not permitted to use the Application or services:</p>
<li>To harass, abuse or threaten others or otherwise violate any person's legal right</li>
<li>To violate any intellectual property rights of company or any third party</li>
<li>To upload or otherwise disseminate any computer viruses or other software that may damage the property of another</li>
<li>To commit any fraud</li>
<li>To engage in or create any unlawful gambling</li>
<li>To publish or distribute any obscene or defamatory material</li>
<li>To publish or distribute any material that provokes violence, hate, or discrimination towards any group</li>
<li>To unlawfully gather information about others.</li>

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<p>3.1 END-USER/USER ACCOUNT AND DATA PRIVACY</p>

<p>3.1.1 The expressions "personal information" and "sensitive personal data or information" are characterized under the SPI Rules, and are imitated in the Privacy Policy.</p>

<p>3.1.2 Testpan may by its Services, gather data identifying the devices through which you access the Application, and anonymous information of your utilization. The gathered data will be utilized uniquely for improving the nature of Testpan's administrations and to assemble new administrations.</p>

<p>3.1.3 The Application permits Testpan to approach enrolled Users personal email or telephone number, for correspondence reason in order to give you a better method for booking the center and for obtaining feedback.</p>

<p>3.1.4 The Privacy Policy sets out, inter-alia:</p>
<li>The kind of data gathered from users, including sensitive personal data or information</li>
<li>The purpose, means and modes of use of such data</li>
<li>How and to whom Testpan will disclose such data and</li>
<li>Other information mandated by the SPI Rules.</li>

<p>3.1.5 The User is expected to read and understand the Privacy Policy, in order to ensure that he or she has the knowledge of, inter-alia:</p>
<li>The fact that certain data is being collected</li>
<li>The purpose for which the data is being collected</li>
<li>The nature of collection and maintenance of the data</li>
<li>The name and address of the office that is collecting the data and the office that will retain the data</li>
<li>The numerous rights accessible to such Users in regard of such data.</li>

<p>3.1.6 Testpan shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information provided by the User to Testpan or to some other individual following up on behalf of Testpan.</p>

<p>3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is enrolled on the Application. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify Testpan of any actual or suspected unauthorized use of the User's account or password. Although Testpan will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Testpan or such other parties as the case may be, due to any unauthorized use of your account.</p>

<p>3.1.8 If a User provides any information that is false, inaccurate, not current or incomplete (or becomes false, inaccurate, not current or incomplete), or Testpan has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete; Testpan has the right to discontinue the Services to the User at its sole discretion.</p>

<p>3.2 USAGE POLICY</p>

<p>3.2.1 You are prohibited from endeavoring to violate the security of the Application including access to data for which you are not authorized; endeavoring to test the vulnerability of system or to breach security or confirmation measures without legitimate authorization.

<p>3.2.2 You should provide your correct and true personal information including name, email address, contact details.</p>

<p>3.2.3 You are not allowed to utilize the Application so as to transmit, disseminate, store or destroy material that could establish a criminal offence or violate any relevant law in a way that will encroach the copyright, trademark or other protected innovation privileges of others or disregard the security or exposure of other individual privileges of others or that is malicious, explicit, compromising, obscene, hateful or abusive.</p>

<p>3.2.4 You are not permitted to host, display, update or share any data which contains software viruses or any other mobile code, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.</p>


<p>3.3 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS</p>

<p>3.3.1 The contents listed on the Application are (i) User generated content, or (ii) belong to Testpan. The data that is gathered by Testpan directly or indirectly from the End- Users shall belong to Testpan. Duplicating of the copyrighted content published by Testpan on the Application for any commercial purpose or to gain benefit will be an infringement of copyright and Testpan saves its privileges under applicable law accordingly.</p>

<p>3.3.2 Testpan authorizes the User to view and access the content accessible on or from the Application exclusively for ordering, accepting, conveying and communicating only as per this Agreement. The contents of the Application, data, text, graphics, pictures, logos, button symbols, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "Testpan Content"), are the property of Testpan and are protected under copyright, trademark and other laws. User shall not modify the Testpan Content or reproduce, display, publicly perform, distribute, or otherwise use the Testpan Content in any way for any public or commercial purpose or for personal gain.</p>

<p>3.3.3 User shall not access the Services for purposes of monitoring their availability, execution or functionality, or for some other benchmarking or competitive purposes.</p>

<p>3.4 REVIEWS AND FEEDBACK</p>

<p>By using this Application, you agree that any information shared by you with Testpan will be subject to our Privacy Policy.</p>

<p>You are solely responsible for the content that you choose to submit for publication on the Application, including any feedback, ratings, or reviews ("Critical Content"). The role of Testpan in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Testpan disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Testpan shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.</p>

<p>Your publication of reviews and feedback on the Application is governed by Clause 3.2 of these Terms. Without prejudice to the detailed terms stated in Clause 3.2, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Testpan, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 3.2 of these Terms. You agree that Testpan may contact you through telephone, email, SMS, social media platforms or any other electronic means of communication for the purpose of obtaining feedback in relation to Application or Testpan's services and you agree to provide your fullest co-operation further to such communication by Testpan.</p> 

<p>4. TERMINATION</p>

<p>4.1 Testpan reserves the right to suspend or terminate a User's access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, such user breaches any terms and conditions of the agreement; an outsider reports infringement of any of its privilege because of your utilization of the Administrations; Testpan is unable to verify or authenticate any information provide to Testpan by a user; Testpan has reasonable ground for suspecting any illicit, false or abusive activity on part of such user; or Testpan believes in its sole prudence that user's activity may cause lawful obligation for such user, other users or for Testpan or are contrary to the interest of the site.</p>

<p>4.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of his/her data the User has rendered in order to comply with the User's record keeping process and practices.</p>

<p>5. LIMITATION OF LIABILTY </p>

<p>Testpan or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to, the use of, or the inability to use the Application or the content, materials and functions related thereto, the services, user's provision of information via the Application, lost business or lost End-Users, even if such protected entity has been advised of the possibility of such damages. In no event, the Protected Entities shall be liable for any content which is posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Application; any unauthorized access to or alteration of your transmissions or data or any other matter relating to the Application or the service. Summing up, in no occasion, shall the total aggregate liability of the protected entities to the user for damages or losses or cause of action exceed the amount paid by user to protected entities.</p>

<p>6. RETENTION AND REMOVAL</p>

<p>Testpan may retain such information collected from users from its Application or services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.</p>

<p>7. APPLICABLE LAW AND DISPUTE SETTLEMENT</p>

<p>7.1 You agree that this Agreement and any contractual obligation between Testpan and User will be governed by the laws of India.</p>

<p>7.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Testpan. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.</p>

<p>7.3 Subject to the above Clause 6.2, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.</p>

<p>8. CHANGE TO TERMS AND CONDITIONS</p>

<p>Testpan at its sole discretion may update this terms and conditions at any time. Users are required to visit this page persistently for any change to its terms and conditions. Your constant use of these services after any changes to the terms and conditions will constitute your acceptance to those changes.</p>
 
<p>9. CONTACT INFORMATION GRIEVANCE OFFICER</p>

<p>If a User has any questions concerning Testpan, the Application, this Agreement, the Services, or anything related to any of the foregoing, Testpan customer support can be reached at the following email address: admin@testpanindia.com or via the contact information available from the following hyperlink: https://testpanindia.com/ </p>

<p>10. SEVERABILITY</p>

<p>If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.</p>


<p>11. WAIVER</p>

<p>No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Testpan. Any consent by Testpan to, or a waiver by Testpan of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.</p>
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