Terms and Conditions
Legal
Website and Service Terms and Conditions
The Exam Lounge website ("Website") and related services (together with the Website, the "Service") are operated by Lounge Innovative Educations Pvt. Ltd. ("Exam Lounge", "us" or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Exam Lounge may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website and Service
The Service allows users to (i) prepare for any examination online. Users interested in learning or practising are presented with different types of educational activities. Exam Lounge may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Registration
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Exam Lounge; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Exam Lounge while registering or during your usage of Exam Lounge's services, to keep such information accurate, current and complete; (iv) to be fully responsible for all use of your account and for any actions that take place through your account; (v) By signing up on Exam Lounge you deemed to have given your consent to be contacted by us via phone calls and/or SMS notifications and offer you our services, imparting product knowledge, offer promotional, offers running on website/app, offers offered by the associated third parties and also order/shipment/delivery related updates, irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize Exam Lounge to give you a call for the above mentioned purposes. (vi) You are required to provide your examination registration information for the purpose of our internal estimation of successful candidates. If you do not provide the information, your partial or full access to the website content and/or other Exam Lounge services may be blocked. No refund will be provided in such a scenario. We assure you that we will not use this information for any other purpose or share this information with any third party.
Your Representations and Warranties
You represent and warrant to Exam Lounge that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the Constitution of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit to Exam Lounge and that you have the right to grant us a license to use that material.
Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Exam Lounge's sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Exam Lounge or its users to any harm or liability of any kind.
Indemnification of Exam Lounge
You agree to defend, indemnify and hold harmless Exam Lounge and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
No Representations or Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Exam Lounge are provided to you on an "as is" basis. Exam Lounge and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Exam Lounge does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on types of Damages/Limitation of Liability
In no event will Exam Lounge be liable to you or any third-party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Exam Lounge has been advised of the possibility of such damages. Exam Lounge's liability to you or any third-party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Exam Lounge for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Termination
Exam Lounge may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Exam Lounge account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Exam Lounge's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
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