These Subscriber TERMS OF SERVICE ("Terms of Service") constitute a binding contract between you ("Subscriber" or "Customer" or "you") and Webner Solutions Private Limited ("Company"), regarding the terms under which the Company will provide Subscriber with access to the Services.
BY CLICKING ON THE BUTTON MARKED "I ACCEPT", SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE ("Acceptance"). Subscriber agrees that its acceptance, given electronically, will have the same legal effect as if it had been personally signed by Subscriber on paper. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.1) TERMINOLOGY.
"Registration Date" - refers to the date that the Company confirms Subscriber’s right to use the StudySection Certification Portal.
"Free Exams" - refers to a right to use the StudySection Certification Portal at no charge during the permissible.
"Premium Content" - means the Certificate PDF and paid package offerings within the StudySection Certification Portal.
"Public Website" - means that portion of the Website that is available for use by any person without the need to be a Subscriber.
"Services" - means the Public Website, the StudySection Certification Portal, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, the examination tests, and any documentation pertaining to the foregoing).
"Standard Content" - refers to content within the StudySection Certification Portal that does not include the examination tests.
"Subscriber" - also referred to as "Member", refers to an individual/entity/organization/institution that has the right to access the StudySection Certification Portal. A Subscriber must be at least 5 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber resides (and if a minor, have the permission of a parent or legal guardian to access the StudySection Certification Portal), and possess the legal right and ability to enter into binding contracts.
Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information ("Authentication Information"), as confidential and to not provide any other person with access to the StudySection Certification Portal or portions of it using Subscriber’s (or the Authorized End User’s) Authentication Information. Subscriber will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Subscriber or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, Subscriber and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.
"Subscription" - refers to a right to use the applicable portion of the StudySection Certification Portal as a Subscriber under Free Subscription or paid form of right and/or fee to access the StudySection Certification Portal.
"Subscription Term" - means the period of time that a Subscriber may utilize the paid portion of the StudySection Certification Portal.
"StudySection Certification Portal" - means the applicable portion of the Website (i.e., Premium Content or Standard Content or any portion thereof), that is available only to a Subscriber.
"Virus" means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
"Website" - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located www.studysection.com (or such other web address notified by the Company to Subscribers at any time), and includes the entirety of both the StudySection Certification Portal and the Public Website.2) INFORMATION ABOUT THE COMPANY.
Webner Solutions Private Limited Corporation is a Chandigarh based Software Development company registered with Ministry of Corporate Affairs, India.3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the StudySection Certification Portal applicable to the Subscription type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Subscribers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Subscriber and/or an Authorized End User access to the StudySection Certification Portal if, in the Company’s sole discretion, Subscriber and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
Subscriber accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
Subscriber promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Subscriptions) that:
- Access privileges may not be transferred to any third-parties;
- It will not access, store, distribute or transmit any Viruses;
- It will comply with all applicable laws and regulations with respect to use of the Services;
- It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
- It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
- It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
- It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
- It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.5) INTELLECTUAL PROPERTY RIGHTS.
The Services are owned by the Company, its licensors or other providers of such material, and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Subscriber may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.6) COMPANY OBLIGATIONS.
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.7) FEES AND PAYMENT.
Test Fee. Subscriber agrees to pay the appropriate fee corresponding to the paid exams that it wishes to access. The Company reserves the right to change the Test Fee.
Certificate Fee. Subscriber agrees to pay the appropriate fee corresponding to the paid certificates earned by the user that it wishes to download in PDF format. The Company reserves the right to change the Certificate Fee.
Taxes. Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.7.1) CANCELLATION AND REFUND POLICY
If you are unable to download the certificate after making payment for any reason you will have the option of receiving a full refund based on the StudySection 100% Satisfaction Guarantee. If you are unable to access package contents after making payment for any reason you will have the option of receiving a full refund based on the StudySection 100% Satisfaction Guarantee. In all other cases cancellation and refund is not applicable and all payments remain non-refundable.8) TERM AND TERMINATION.
Subscription Term. Subscriber may subscribe to the general services for an unspecified term. The paid packages have a specific term and the access to them expires according to the term associated and displayed in the information of the package.
Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
Effect of Termination. Subscriber will have no further rights to access the StudySection Certification Portal. Termination will not affect the rights or liabilities of either party that accrued prior to termination.9) CONFIDENTIALITY.
Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term "Confidential Information" means all portions of the Services, including but not limited to, the StudySection Certification Portal.10) THIRD PARTY LINKS OR INFORMATION.
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.12) LIMITATION OF LIABILITY.
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.14) SURVIVAL.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.15) CHANGES.
Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.16) ASSIGNMENT.
Subscriber may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.17) INJUNCTIONS.
Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Subscriber from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.18) GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the Union Territory of Chandigarh and State of Punjab, India, without regard to the principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the Union Territory of Chandigarh or State of Punjab, India, and Subscriber expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), Subscriber agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Union Territory of Chandigarh or State of Punjab, India, and Subscriber expressly waives any right it may otherwise have to a jury trial.19) NOTICES.
Legal notices may be sent to email@example.com (if by email), or to Webner Solutions Private Limited, Attn: Agreement Matters (Legal), IT-C2, Sector 67, Mohali, India. Notices to Subscriber may be sent either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as part of its registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Subscriber to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website.20) FORCE MAJEURE.
We are a suitable site for children above the age of 5.23) NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.24) SEVERABILITY.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.25) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Subscriber’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Subscriber from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Subscriber in writing.26) COMPLETE UNDERSTANDING.