Terms and Conditions


Welcome to Pariksha.co. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Pariksha.co Services. By using the Pariksha.co Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Pariksha.co site) or you are a "Member" (which means that you have registered with Pariksha.co both paid and free members/subscribers). The term "User" refers to a Visitor or a Member. You are only authorized to use the Pariksha.co Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Pariksha.co site and discontinue use of the Pariksha.co Services immediately. If you wish to become a Member, communicate with other Members and make use of the Pariksha.co Services, you must read this Agreement and indicate your acceptance during the Registration process.   

This Agreement includes Pariksha.co's policy for acceptable use of the Pariksha.co Services and Content posted on the Pariksha.co site, your rights, obligations and restrictions regarding your use of the Pariksha.co Services and Pariksha.co's Privacy Policy. Pariksha.co follows a freemium model where a large part of our services are free and the advanced services are charged.   

Pariksha.co may modify this Agreement from time to time and such modification shall be effective upon posting by Pariksha.co on the Pariksha site. You agree to be bound to any changes to this Agreement when you use the Pariksha.co Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Pariksha.co may or may not inform users in advance about the changes to Terms of use and privacy policy. Any continued use of services after changes to these terms of use and privacy policy will be considered acceptance of such by the user.   

1. Eligibility You must be at least 18 years of age or over to register as a member of Pariksha.co or use this Site. Membership to the Site is void where prohibited. Your use of this Site represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Pariksha.co reserves the right to terminate your membership without giving any notice or reason. Pariksha’s discretion to terminate shall be final and binding.   

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.   

2. Acceptance of Terms Welcome to the Pariksha.co online exam practice and assessment platform. Everyone who uses the Service - even on a trial basis - is subject to this Agreement. This Agreement is between you and Pariksha.co. 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, teacher, tutors 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.   

3. Description of Service The Service consists of the provision by Pariksha.co to you of access to the Pariksha.co online exam practice and assessment Site, which provides tools to you that will enable you to view online content (in the form of text, images, video, flash), have access to courseware, take online tests, view analytical insights, have access to adaptive testing and mastery learning, play online games, connect with other members, participate in online discussions, create online communities pertaining to specific topics, create lessons (comprised of text, images, video, flash), create tests, create and administer online educational course(s), create and administer synchronous online tutoring, offer courses and online tutoring services for sale via, and purchase goods and services offered by parties other than Pariksha.co (“Third Parties”) in, an online marketplace. Unless explicitly stated otherwise, any new features that augments or enhances 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.   

4. 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 Pariksha.co, 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 Pariksha.co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pariksha.co 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 Pariksha.co of any unauthorized uses of the account or any other breaches of security. Pariksha.co 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 Pariksha.co and may be cancelled, changed or suspended at any time by Pariksha.co without notice. Pariksha.co is not under any obligation to verify the actual identity or authority of the user of any user name or password.   

5. Non-Commercial Use by Members The Pariksha.co Site is for the personal use of individual members only, and will not be used by you in connection with any commercial endeavors or activities ("Restricted Purpose"). Your membership to Pariksha.co is personal to you alone and you will not transfer this membership to any other person or allow any other person to use or avail the benefits of your membership. This prohibition includes providing links to other websites, whether deemed competitive to Pariksha.co or otherwise.  

We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Services and the Courseware offered through the Website for a limited time period i.e. one year from the date of purchase or subscription of the relevant package. The Services and the Courseware are provided solely for. You may not use, download, save or print the Courseware for commercial use without written permission.  

You are not permitted to reproduce, distribute, sub-license, disseminate or prepare derivative works of the Courseware, or any part thereof, in any manner or means, without our prior written consent.  

  
6. 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 Pariksha.co, 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 Pariksha.co’s 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. You are granted a limited and non-exclusive right to use the Website, the Services and the Courseware for the Restricted Purpose as aforesaid. You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Courseware and hence are vested with all intellectual property rights and other proprietary rights in relation thereto, and no right, title or interest of a proprietary or any other nature in the Website, the Services or the Courseware is conveyed or granted other than permitting You to use the Website, the Services and the Courseware for the Restricted Purpose. We are the owner and/or the licensee of all the trademarks, logos or other intellectual property on the Website. 3. Users/Members are prohibited from any data mining, robots or similar data gathering or extraction methods. 4. Your rights to use Third Party Content are as described in the applicable Third Party License Terms. 5. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Pariksha.co 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.   

7. Trademarks Pariksha.co, and other Pariksha.co graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Pariksha.co. 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.   

8. Content and Conduct Rules and Obligation You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users of the Service or the Site, including Third Party Content (collectively the “User Content”). You may not post, transmit, or share on the Site or Service User Content that you did not create or that you do not have permission to post. You understand and agree that Pariksha.co may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of Pariksha.co, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will Pariksha.co be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service. You agree that you will not: 1. Upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2. Harm others in any way in your use of the Service; 3. Impersonate any person or entity, including, but not limited to, a Pariksha.co official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; 5. Upload, post or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6.  Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; 7. Upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; 8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 10. Intentionally or unintentionally violate any applicable local, state, national or international law; 11. “Stalk” or otherwise harass another; 12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; 13. Offer for sale, sell or otherwise make available through the Service any User Content (i) that violates any federal, provincial, foreign or local law or regulation, (ii) for which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or (iii) that Pariksha.co determines, in its sole discretion, is inappropriate for distribution through the Service; or 14. Exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons.   

You understand that by using the Service, you may be exposed to Site Content that you consider to be offensive, indecent or objectionable. You acknowledge that Pariksha.co does not pre-screen User Content. 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.  

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Pariksha.co. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.   

9. License by you of Content By posting Third Party Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Pariksha.co a perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display and distribute such Third Party Content on the Site to the extent necessary to promote such Third Party Content and support your licensing and distribution of it through the Site.   

By posting User Content other than Third Party Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Pariksha.co an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.   

You may request Pariksha.co to remove your User Content from the Site at any time. If you need assistance, please contact us at the technical support contact information available on the Site. Pariksha.co may retain a copy of your removed User Content for archival purposes only, and the license granted by you to Pariksha.co with respect to any User Content that remains on the Site will continue in perpetuity.   

10. Complaints about user Content Pariksha.co respects the intellectual property and other rights of others and these Terms of Use prohibit users from uploading, posting or otherwise transmitting on the Site or through the Service any materials that violate another party’s intellectual property and other rights. Pariksha.co is not responsible for the conduct of its users, and has no responsibility or liability for User Content. When we receive properly documented complaints about User Content such complaints are forwarded to the applicable user for the user’s action. Pariksha.co is not responsible for any user’s action or inaction as a result of any such notification. If you believe that any material on the Site infringes upon your intellectual property or other rights you may notify us using the contact us form on the contact us page.   

11.Pariksha.co Marketplace Pariksha.co may from time to time offer goods and services through the Site, and may offer you or other Third Parties the ability to offer goods and services for sale to Third Parties through the Site. All transactions conducted in connection with this aspect of the Service are subject to and governed by such guidelines as Pariksha.co posts from time to time (the “Guidelines”) as well as this Agreement. The Guidelines are subject to change without prior notice at any time, in Pariksha.co’s sole discretion, so you should review the Guidelines each time you use this aspect of the Service.   

You are solely responsible for your interactions with other users of the Service. Parties to transactions with Third Parties (a “Third Party Transaction”) are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through the Service. You acknowledge that Pariksha.co, and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns (the “Pariksha.co Parties”) are not responsible or liable for any action or inaction of any Third Party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third Party Transaction. The capability to conduct Third Party Transactions or otherwise deal with Third Parties through the Service is provided by Pariksha.co “as is” and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any Third Party Content provided by you to the Site, and that Pariksha.co has no responsibility or liability for any breach by Third Parties of such Third Party License Terms, and that you are solely responsible therefor.   

Any fees or payments collected by Pariksha.co applicable to any such transactions are set forth on the Site, and all terms and conditions applicable to such fees are set forth in this Agreement. However, please note that your purchases of products or services from Third Parties through the Service are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction.   

12. Fees Pariksha.co 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 Rupee. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.   

In addition, Third Parties including users may also charge fees for courses and tutor offerings, including Third Party Content that they provide through the Service. The fees and prices charged by Third Parties are available in their listing in our marketplace. Certain taxes and government charges may be payable in relation to purchases you make from Third Parties through the Service. We accept no responsibility for such taxes and government charges. Pariksha.co is not involved in any transaction between you and such Third Parties, and as a result we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay. All payments for fees and prices charged by Third Parties are collected using credit card, debit card, net banking if authorized by the seller. Pariksha.co has no liability to you for any such payments.  

13. Courseware As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, data which may be in text, audio/video, written, graphic, recorded, photographic or any machine-readable format in relation to the package subscribed by You ("Courseware"). We reserve the right to amend or update the Courseware offered to You. In the event such amendment or updation occurs, We may require you pay an additional amount of fees to access such amended or updated Courseware.  

14. Pricing All prices are subject to change without notice. Every effort has been made to ensure accurate pricing of the products featured on our website. In the event a part or accessory is ordered and the listed price has changed, you will be notified prior to our processing your order. Purchase "as is." you agree that all products/services purchased by you through this website are provided under warranties, if any, of the manufacturer only, and not by us. All products are provided by us on "as is" basis with no representations or warranties of any kind, express or implied, from us.  

All the products/services provided by us on our site have a limited free demo. Users can evaluate the Services through the free trial demo/ practice questions etc provided on the Website, before making a purchase  

15. Coaching institutes/Tutors Coaching institutes/tutors may purchase bulk subscription for their students. They may assign the subscription to any of their registered student. Coaching institutes and their students are governed by the same terms & conditions and privacy policy as any other direct member/subscriber.  

The subscription period will start from the date of subscription for coaching institutes and not from the date of assignment to any of their registered students. There will be no refund for any use-non use of subscription service. There will be no refund for any un assigned subscriptions.  

The subscription period will start from the date of subscription and will be activated on success realization of payment. The duration of subscription is for one year.  

16. Refund policy 15.1 All purchases and payments made will be final and non-refundable, except where explicitly it is stated as part of an ongoing marketing promotion. No refunds or Credits will be provided for unused service. 15.2 If you are eligible and have signed up for a free trial that requires a payment method, your payment method may be authorized; however, no charges will be made against the payment method if you cancel prior to the end of your free trial. We reserve the right to change our membership prices and to institute new charges at any time 15.4 The membership fee, if any, will be billed at the beginning of your membership and for subscriptions, periodically thereafter unless and until you cancel your membership.   

17. Subscription duration The paid subscription of Pariksha.co is for one year from the date of signing up unless other wise communicated. The subscription cannot be cancelled once activated and there we be no refund for any use or non use of service. The account will be activated on successful realization of payment.  

18. Term and Termination 1. This Agreement commences when created and continues until terminated by either Pariksha.co or you. Pariksha.co 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 Pariksha.co. 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. Pariksha.co may terminate this Agreement and your account, delete your profile and any Site Content or information that you have posted on the Site or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.. 4. When your account is terminated by us or by you, any comments you have posted on the Site and reviews of Site Content 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.   

19. Other Terms of Uses by Members You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Pariksha.co Members. It is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.   

You will not send any messages using the Service that are obscene, lewd, licentious, and defamatory, promote hatred and/or are racial or abusive in any manner or messages that are likely to cause harm. Transmission of any such messages shall constitute a breach of this Agreement and Pariksha.co shall be entitled to terminate your membership forthwith. Pariksha.co reserves the right to screen messages that you may send to other Member(s).   

You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Pariksha.co and/or it’s Members.   

You shall not use the Pariksha.co site to transact any personal business. Pariksha.co shall not be liable or responsible for any losses, damages, costs, charges or expenses that you may incur or suffer as a result of your interaction with other members of Pariksha.co. Pariksha.co does not guarantee or give any kind of assurance about its members.   

20. Member Disputes You are solely responsible for your interactions with other Pariksha.co Members. Pariksha.co reserves the right, but has no obligation, to monitor disputes between you and other Members.   

21. Pariksha.co 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 Pariksha.co that you have obtained all required consents with respect to any personal information (of any person) provided by you to Pariksha.co, and that Pariksha.co may use such personal information for the purposes of operating the Service.   

22. Technical, Customer and Sales Support Technical, customer, and sales support for Pariksha.co is only provided via email or other online means and is not provided in person or via phone.   

23. 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.  

24. Mobile terms of use  When accessing Pariksha.co via mobile, standard network charges apply over and above Pariksha.co subscription chanrges . Your handset must be WAP enabled. You may incur additional WAP, GPRS, 2G, 3G or 4G charges from your network operator according to your contract.  

25. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pariksha.co has no control over such sites and resources, you acknowledge and agree that Pariksha.co 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 Pariksha.co 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.   

26. Indemnity and Release You agree to indemnify and hold harmless the Pariksha.co Parties, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless 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 Pariksha.co 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.   

27. Modification to Service Pariksha.co 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 Pariksha.co shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.   

28. Disclaimers 1. Pariksha.co is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Pariksha.co, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. Pariksha.co is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. 2. Pariksha.co 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. Pariksha.co 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. 3. Under no circumstances will Pariksha.co 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. You post User Content, including Third Party Content, on the Site at your own risk. 4. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Pariksha.co 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. Pariksha.co 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. 5. 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. 6. No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement. 7. Pariksha.co 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. 8. 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 Pariksha.co.   

29. Limitation of Liability In no event will the Pariksha.co 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 Pariksha.co Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Pariksha.co 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 Pariksha.co for the Service during the term of your membership, but in no case will such liability to you exceed $100. You acknowledge that if no fees are paid to Pariksha.co 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 Pariksha.co Parties, regardless of the cause of action.

   

30. General You acknowledge that Pariksha.co 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. Pariksha.co respects the intellectual property rights of others you must do the same. You and Pariksha.co 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 Pariksha.co shall be governed by and construed and interpreted in accordance with the laws of Pune, India and the federal laws of India applicable therein. You agree to submit to the personal and exclusive jurisdiction of the courts located within Pune, Maharashtra, India. The failure of Pariksha.co 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 Pariksha.co and governs your use of the Service, superseding any prior agreements between you and Pariksha.co (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 Pariksha.co 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. Pariksha.co 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 Pariksha.co.   

The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language.   

31. No Waiver The failure of Pariksha.co to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of Pariksha.co The Pariksha.co’s rights to subsequently enforce any provision of this Agreement against you or any other party.   

32. Other By becoming a Member of the Site / Pariksha.co Service, you agree to receive certain specific emails from Pariksha.co.   

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Pariksha.co service, contains the entire agreement between you and Pariksha.co regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.   

You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to Pariksha.co by writing to us on receipt of such complaint, Pariksha.co may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee.   

By joining Pariksha.co, you confirm that you have read the above provisions and agree to abide by them.   

Please contact us with any questions regarding this Agreement.