This website “www.practicepapers.com” (“website”) is owned and operated by Ninex Infotech Pvt. Ltd. (“Ninex”), a Company incorporated under the Companies Act, 1956. Use of the Website and/or any other website(s) linked to this Website, which is an online Service provided to a User, is subject to his acceptance of the terms and conditions set forth herein below.
Definitions:
"The user" means any individual and/or any legal entity (partnership firm or corporate body including coaching/ educational institutes, their successors and/or permitted assigns), whether or not he/it is a registered member or subscriber for the Services, who/which is accessing/using the Website, with/without signing in with the help of a User-id and password. The Users are advised to read this document carefully. By accessing or using this Website, the User agrees to be bound by the Terms of Use set forth in this document and the Privacy Policy as provided on the Website, without qualification.The user shall not access or use the Website where it is prohibited to do so. Any access or use in such a circumstance will be contractually void.
“Service(s)”:
It is defined as on-line and off-line Service(s) provided by the Website to the User(s) and shall include (but not limited to) the provision of following facilities:
(a) study material and practice papers for studies/exams available on the Website which may be downloaded online or orders for delivery,
(b) the study material/ practice papers may also be provided in the CDs/DVDs which may be delivered to a User as per the Delivery Policy’
Terms and Conditions for Registration
For creating a membership account on this Website, a User must be competent to enter into a contract as per the Indian laws. In no case shall a membership account be created by a minor. In case a minor desires to avail the Services provided by this Website, his/her guardians (who are competent to enter into a contract under the Indian Law) should create the membership account for the benefits of the minor. For registration on the Website, the User shall furnish true, complete, accurate and up to date information. In the absence of such information, Ninex shall be at liberty to refuse/cancel registration of any User. The right to give or refuse membership to a User vests with Ninex, and is subject to acceptance of applicant’s application by Ninex as per its discretion. On creation of an account, every User shall be deemed to have accepted the Terms of Use which shall establish a contractual relationship between the parties. Ninex/the Website reserves the right to terminate this agreement if it is subsequently found that the information provided by a User is false or incorrect or a user has become incompetent to contract and shall also be entitled to seek damages.
1. Subscription to Service:
a.On subscribing to a package, a registered User shall become entitled to avail the Services as offered by the Website under the relevant package.
b. For providing Services to its registered Users, Ninex reserves the right to charge fee from the Users. The subscription fee shall be as decided/ modified by Ninex at any time at its sole discretion without notice. The said modifications will be displayed on the Website. The Subscription Fee shall be paid by the User on demand and in accordance with the invoice (off-line/on-line) issued by Ninex. Liability for payment of the SubscriptionFee shall accrue from the date of commencement of subscription.
c. Ninex reserves the right to carry out due diligence of the User and verify the Registration Data provided by asking documentary proof of the same at any point of time.The due diligence/verification may be carried out by Ninex at any time at its discretion – either before registration or after registration and/or activation of Services. If required, the Website may depute third parties to carry out due diligence/verification for which the User shall provide due co-operation. If any information provided is found to be false, inaccurate, incomplete, or outdated or Ninex has reasonable grounds to suspect the veracity or completeness or validity of such information, Ninex shall have the right to suspend/block/restrict access or terminate the User’s account for current and/or future use.
d. Even though a User may have made payment towards subscription of Service(s), the Website reserves the right to terminate or modify the Service or delete/add/modify features and functionalities of the Website or part thereof at its discretion at any time and for any reason, and also to cancel or suspend Service at any time and for any reason, with or without notice. The User understands that on suspension/cancellation of Service, it may not be possible for him to access the service provided by the Website or retrieve his content posted on the Website. If the Service is cancelled in entirety at Ninex’s behest (for reasons other than force majeure), Ninex will refund to the User, the proportionate subscription fee for the remaining duration of subscription period for which the Service could not be availed or the proportionate fee towards unavailed service, as the case may be. Ninex’s decision in this case shall be final and binding on the User. Further, if there is any disagreement or dispute regarding payment of any dues by the User to Ninex, the User will have to first pay to Ninex the amount in question demanded by Ninex. Eventually, if Ninex decides in favour of the User, Ninex will refund to the User any excess amount earlier recovered.
2.Payment Terms:
Except where noted otherwise, the price displayed for products on Ninex website represents the full price (excluding service tax) and other taxes which may be leviable presently or in future at which the products will be made available to the buyer as per these Terms and Conditions and subject to the Delivery Policy. Service Tax as applicable shall be charged. All prices are exclusive of taxes and subject to amendment at company’s sole discretion.
a. The User shall be required to enter credit card/debit card/cash card details for purchasing a subscription package for availing any Services offered by the Website. The User shall solely be responsible for use of credit/ debit card or Netbanking or other similar services for making payment on the Website. Ninex shall not be responsible for any consequences arising out of the use of such credit/ debit card or netbanking or any other services by the User.
b. A subscription/package once purchased by a user cannot be cancelled. The subscription fee shall not be refunded in any event. Ninex reserves the right to withdraw/modify the product(s)/Service(s) on offer and/or the price at any time at its sole discretion.If the company is not in a position to deliver a product purchased by the user, the company will refund the full value of the purchase.
3. Termination/Suspension of Service:
a. If Ninex is of the opinion that a User has caused breach of trust of any terms and conditions (including non payment of dues); and/or the continuation of the Service to the User is not in national interest, and/or the User has become bankrupt/incompetent to contract, Ninex reserves the right to terminate/suspend/deactivate the Agreement/Service at any time with immediate effect without giving notice to the User. The same shall be without prejudice to the rights available to Ninex. The User shall be liable for immediate payment of subscription fee/Services availed till the date of termination. In case of suspension, the Service may be restored, at Ninex’s discretion, on payment of overdues and/or compliance of any pending requirement(s). Ninex may also pursue legal course of action for breach of trust and/or conditions and for recovery of monetary loss and reputation suffered. Ninex/the Website shall also be free to take appropriate action to prevent/limit any liabilities that may arise or may have arisen in the course of providing Service, with or without notice to User.
b. Even onTermination or expiration of this Agreement, the User shall not cease to be liable for payment of dues (including costs and charges) to Ninex from the beginning of the subscription period till termination or expiration. Ninex shall be at liberty to pursue remedies for realization of dues owed to it by the User.
4. Intellectual Property Rights:
The User acknowledges that all information, documents, software, images, photographs, text, Services, contents, designs and other similar materials (collectively, "Materials") contained in this Website as a whole and its particular web-pages as also the software on this Website or the software which operates this Website (including their redesigned and upgraded versions) are provided by Ninex and/or its third party manufacturers, authors, developers and vendors and are the copyrighted work of Ninex and/or the respective Third Party Providers. Except as stated herein, none of the Materials or part thereof may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Ninex and/or the respective Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Ninex. The User shall not, without Ninex's prior express written permission, "mirror" any Materials contained on this Website on any other server.
The User acknowledges that Ninex has a copyright on all the reading material/educational content made available through its Services, contents, design and materials displayed on this Website as also the software on this Website or which operates this Website. The User is not permitted to use or reproduce or allow anyone to use or reproduce any Intellectual Property Rights including trade marks and designs for any reason without obtaining prior written permission from Ninex. Ninex respects the intellectual property rights of others and expects the Users to do the same. Ninex reserves the right to remove any content posted by a User on the Website alleged to be infringing without prior notice and at its sole discretion.
5.Confidentiality: The User shall maintain confidentiality about the Service - features and functionalities of the Website, as also subscription and advertisement rates and not disclose them to third parties without prior written and express approval of the website. Further, the User is prohibited from making copies (physical or electronic) reproductions, alterations, transmission, unauthorized use of the information unless required by law of the land. The obligation to keep the information confidential shall continue to be in force even after Termination of Agreement. On non-observance of the confidentiality obligations, Ninex shall be at liberty to take necessary legal action for return of such information as also to claim damages/compensation.
The registered User is prohibited from disclosing his User ID/password to others. Unauthorized persons/third parties should not gain or be given access to a registered User’s account on the Website. Further, the account is non-transferable. The User shall not assign his account, including rights and obligation in terms of this Agreement, to others. The User shall neither share the Service with any other person or on any social networking website or group discussions whether online or offline without the prior written approval of Ninex, nor should he provide linkages to other websites, blogs etc. without approval of Ninex. Further, the Website and the Services provided by the Website are required to be used only for the purpose intended and not for anything else, including any commercial activity outside the ambit of the Website, unauthorized and/or unlawful activities. Failure to comply with the same may lead to civil and criminal action, including recovering of gain of any revenue and or profit made from such unauthorized use as also penalty of 150% of such profit/revenue.
6. Rights and obligations of the User
a. The User shall follow the guidelines, instructions, requirements, notices and advices, whether specific or general, issued by the Website from time-to-time for using the Website.
b. The User shall comply with all the applicable laws of India at all times. The User shall observe intellectual property rights, patent laws, copyright and trademark and IT laws insofar they have a bearing on their dealing with the Website and shall not infringe them. Ninex/the Website will not be responsible for non-compliance of any laws, regulations in force in India by the Users.
c. The User has to bear all expenses and costs like internet connection cost, ISP charges, downloading cost, and such other expenses incurred in accessing the Website. All costs, charges, taxes in connection with using the Website will have to be borne by the User. The User shall also have to bear any cost incurred/required to be incurred for obtaining any approvals or rights for using the Website (if required). The User shall also have to bear hardware and software costs at his end, as also its maintenance cost. Ninex shall not be liable for any costs for accessing the Website. Further, Ninex shall not be responsible for any malfunctioning, non-functioning of the computer system or mobile phone or any other application through which the Website is accessed or used.
d. The User shall use the Website in a safe and secure manner. He is required to immediately notify Ninex/Website promptly in case he comes to know of any breach in security of the Website, unauthorized use, hacking or malfunctioning etc.
e. The User shall not copy, download or print any data from the Website unless authorized by the Website to do so. A User should also not use any software, processes, automated or manual, or devices to copy, shoot or take screen shots of the pages of the web without authorization by Ninex. Neither shall a User delete or amend anything posted on the Website except that posted by him in his account. The User shall not indulge in any activity which can cause hacking or malfunctioning of the Website. He should not send any virus or use malware which could affect smooth running of the Website or cause its disruption. He shall not do anything which can adversely affect the security of the Website, including gaining access to the accounts of other persons and or downloading their information. The User is prohibited from sending chain mails/spam on/through the Website. No User shall cause harassment to others by sending spam/junk or unwanted mails or any other form of solicitation.
f. In case of institutional user or multiple user package, the parent user would be responsible to manage and ensure the compliance of all Terms of Use as applicable in case of single User. In case of breach by such permitted sub user, the parent User would be liable to indemnify Ninex as per the Terms of Use.
g. The User acquires no rights to any software programs/codes/mailbox id or right of access to Ninex’s premises/site or from where the Website servers/data is managed. Also, Ninex reserves the right to change the Website features and functionalities, address anytime at its sole discretion. Further, except for the services provided by the Website during the Subscription period, the Users shall not have any right or title over the Website or any of its contents.
h. The User agrees that data/information (except that relating to credit card numbers and bank accounts) posted by it on the Website shall become the property of Ninex for all times, and Ninex shall have the license and right to save and use it, including commercially, as it may deem fit, at all times all over the world. The information provided by a User shall be subject to the Privacy Policy and Ninex shall treat all such information confidential and not release the same to third parties unless required by the law of the land.
i. The User agrees that Ninex shall have the right to send Service messages/alerts, promotional messages to the mobile number(s) and e-mail IDs given by the User to the Website. The User will though have the liberty of opting out of the same.
j. The User understands and agrees that no term/provision of these Terms of Use, registration, access or usage of the Website, or notice, advice received by User shall imply principal-agent relationship and/or partnership and/or joint venture and/or employee-employer and/or franchiser-franchisee relationship or any other such relationship between the parties.
k. The User agrees that any claim or cause of action arising out of or related to use of the Website must be filed within 30 days after such claim or cause of action arose or be forever barred.
l. The Website accepts no responsibility for data back-up. Users need to maintain their own data back-ups, should they so desire, at their own cost.
7.Rights and obligations of Ninex/Website
a. Ninex reserves the right to decide on all aspects relating to features/functionalities of the Website at all times. Ninex alone shall have the rights to take decisions on all the matters relating to designing and display scheme of the Website and reserves the right to modify the same as and when it may so desire.
b. Ninex reserves the right to assign this Agreement to anybody anytime, without prejudice to any rights available to it under the Agreement, with or without notice to User. However, the User is restrained from assigning this contract to anybody without getting prior written approval/consent of Ninex.
c. For maintenance of the Website, Ninex reserves the right to temporarily suspend operations of the Website. Ninex may also suspend/deactivate a Users’ account for the said purpose. Ninex will not be liable to the Users, for any loss suffered or to compensate either in monetary (by way of refund of fee; adjustments etc.) or non-monetary terms, in such an event.
d. Ninex owns the proprietary rights over the Website, ownership of copyrights, intellectual property rights and technical and commercial know-how related to the Website, contribution/suggestions of the User(s) notwithstanding. Infringement of these rights will lead to legal action by Ninex as may be deemed fit and at the cost and expenses of the person(s) infringing such rights.
e. Ninex reserves the right to track and keep a back-up of the IP addresses of the visitors of the Website and save cookies on the computer of a User to diagnose technical issues, administer the Website in a better manner and gauge the demographic profiles. The User shall have the liberty of accepting or declining the cookies of the Website by changing the settings/ properties of his/her internet browser.
8.Other Sites: The Website may include advertisements for, and links to, other sites or resources ("Other Sites"). Other Sites are independent from Ninex and Ninex has no responsibility or liability for, or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for the convenience of the Userand the Website does not recommend or endorse any advertiser or any of the products advertised. The use of Other Sites and dealings with the owners or operators of Other Sites are at the risk of the User.The Website does not have any commercial role to play in any deals entered into by a User with any advertiser on the Website and any such dealing is solely between the User and such advertiser. The User shall not make any claim against Ninex, arising out of the use of any Other Sites or dealings with the owners or operators of any Other Sites.
9. Website Policies and Modification: Ninex/the Website reserves the right to add/modify these Terms of Use and/or the Website Policies at any time at its sole discretion, and such amendments/modifications shall be effective immediately upon posting of the modified/updated Terms of Use of the Website Policies on the Website. Both registered and unregistered users are urged in their interest to periodically peruse the Terms of Use on the Website to keep themselves abreast of any amendments/modification/updates. The access/continued access and/or use of the Website by a User, shall be understood as his unqualified acceptance of these Terms of Use, as amended/modified/updated from time to time.
10. Privacy Policy: The information provided by the User will be used in accordance with the Privacy Policy. (For details see "Privacy Policy").
11. Limitation of Liability: Ninex and/or its directors, officers, employees, agents, affiliates, subsidiaries, licensors or its/their successors shall not be liable for any loss, injury, claim, liability, or direct, indirect, incidental, or consequential damage of any kind whatsoever resulting from or arising out of the user's use, unauthorized use, non-use or inability to use the Website or its contents or for cost of obtaining alternate/substitute service and/or for any matter arising out of or in relation to the service provided by the Website.
The User understands that the operation and smooth functioning of the Website is dependent on technology and external factors. The User thus agrees that no liability shall devolve on Ninex/Website arising out of disruption or malfunctioning of the Website, shortage or non-fulfilment of the Services, features and functionalities not working properly, errors, omissions, website hacking, hacking of User’s account, theft of password, virus, spamming, data corruption, interception, tampering of the Website, phishing and emails. Ninex/the Website shall not be responsible/liable for any interruption, defect, delay in operation or failure of transmission/communications lines, theft/burglary or obstruction, destruction or unauthorized access to, or alteration of, User communications. The Website/Ninex shall also not be responsible/liable for technical malfunction of computers, servers, hardware, software, computer network, internet network (including traffic congestion over internet), Email or SMS Service providers, injury or damage to Users or third parties resulting from participating or downloading materials in connection with the Website.
Notwithstanding anything to the contrary contained herein, Ninex/Website’s liability to a User under this Agreement, for any cause whatsoever, will at all times be limited to the amount of fee paid, if any, by the User to the Website, for the Service during the term of membership.
12. Indemnification: The user agrees to indemnify, defend and hold harmless Ninex, its officers, directors, employees, agents, licensors, suppliers and any third party information providers through the Website, from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable lawyer(s) fees) claimed by a third party, arising out of User’s use of the Website in violation of these Terms of Use or violation by User of intellectual property rights of a third party.
13. Viruses: While due care has been taken to ensure that the Website is kept free of all viruses, Ninex shall not be liable in any manner whatsoever for any damages of any kind arising from the operation, content or use of the Website.
14. Force Majeure: Ninex will have no liability to the User or towards any third party for any interruption or delay in access to the Website or any other disruption in Service if the same occurred due to reasons beyond Ninex’s control.
15. Notice: Any notice required to be sent in connection with these Terms of Use shall be issued in writing and in English language. The same shall be sent to the updated available address of the User with Ninex/Website and of the Company with the User. The notice shall be deemed to have been delivered as follows: (i) When delivered personally – on receipt (ii) When delivered by courier/registered post – on acknowledgement of receipt.
16. Applicable Law, Jurisdiction and Severability: By visiting Ninex, the User agrees that the laws of India, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between the user and Ninex. The parties agree that all disputes or differences arising out of or in relation to these Terms of Use shall be subject to the exclusive jurisdiction of the Courts/Tribunals/Forums at New Delhi, India only. If any of these conditions is found to be invalid, void, and/or unenforceable, such invalidity/unenforceability will apply to that condition only without impairing the validity/enforceability of other Terms of Use.
Disclaimer
1. The Services (inclusive of content, features, functionalities and related aspects) of the Website are provided to Users, whether registered or unregistered, on an “as is” and “as available” basis without warranties or representations of any kind, express or implied. The User’s use the Services based on their own judgment, discretion and at their sole risk and cost. Ninex makes no warranty about the accuracy/genuineness of the content available on the Website. Neither does Ninex make any warranty about usefulness of Service to Users or it meeting/fulfilling their needs/requirements, accuracy of features and functionalities of the Website, there being no bugs in the software, providing continuous, error free Service including various processes/functionalities of the Website, reliability of information appearing on screen, accuracy or reliability of search results, genuineness of registered/unregistered members on the Website and their projects, content supplied by them. The Website and its content is provided by Ninex without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations, all of which are hereby disclaimed by Ninex to the fullest extent permitted by law.
2. This Website is made available on the condition and understanding that Ninex would not be liable for any loss, injury, claim, liability, or damages of any kind to any person whosoever, by reason of use of this Website, its content, its servers or e-mail sent including but not limited to any mistakes or omissions, viruses or other contaminating or destructive properties, any action taken or omitted to be taken or advice rendered or accepted or any incidental, punitive, and consequential damages.
3. While every effort has been made to avoid any mistakes or omissions, Ninex, its developers, its partners, directors/officers make no warranty, express or implied concerning the operation, content, information, software or products or services made available through this Website or for any action taken or omitted to be taken on advice rendered or accepted on the basis of such products, services or software.
4. Ninex does not make any representation about the product(s)/service(s) available on the Website. Purchase/use of any product/service from this Website is solely the User’s decision and prerogative and based on his own judgment as to usefulness of the product(s)/service(s). Ninex does not assure, or promise or warranty or guarantee increase in knowledge; improvement in examination score or performance of the Users by accessing contents on the Website. The content provided on this Website does not constitute 'advice', and cannot be construed as such. Also the use of the product/service is at the user’s sole risk and consequences. Ninex shall not be liable for any damages to the user arising out of use of any product(s)/service(s).
5. Only such limitations on exclusions of warranties, liabilities etc. may be applied as may be prohibited under the Indian law. The warranty disclaimers and liability exclusions and limitation clauses survive indefinitely even after the termination of this agreement.
6. This Website contains links to other websites but Ninex has no control over and is not responsible for any material or information on those websites or for any services or products which may appear on them. A link contained on this Website does not mean that Ninex or its affiliates or their directors, officers and employees endorse or accept any responsibility for the content or the use of such other website.
7. Ninex will not be responsible for any technical malfunction, disruption/ delay in Service, failure of hardware/software, improper working or failure of Service of the Website in entirety or in part. Ninex does not guarantee that material on the Website will be free from infection, viruses, worms, trojan horses and/or other code that has contaminating or destructive properties. It is the responsibility of the user to take protective steps such as virus checking etc. In no event will Ninex be held responsible for malfunctioning or non-functioning of any equipment for use of the Website.
8. The Users are informed that apart from the subscription fee and the cost of the CDs/DVDs, the Website does not request for any donations/charities for any purpose. The Website shall not be responsible if a User pays any amount towards donations/charity in the name of the Website as a result of phishing or similar activities by a third party.
9. This Website is protected by the laws of copyright with all rights reserved. Individual pages and/or sections of the Website may be downloaded or a hard copy may be printed provided that any copyright or other proprietary notices are not removed. Any downloading or otherwise copying from the Website will not transfer title in any software or material/content. The Website may not be reproduced, transmitted, modified, linked into another website or used for any public or commercial purpose without the prior written permission of Ninex.
10. Ninex tries to be as accurate as possible but does not warrant that the description of products or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Ninex itself is not as described, a User’s sole remedy is to return it in unused condition.
Delivery Policy
The Website may provide service of either direct download/view of content from the Website or the contents may be shipped to the user in CDs/DVDs. Downloading from the Website may be allowed only to paid Users for which no download speed or uninterrupted download is guaranteed. Physical shipment will be done using generally available medium of shipment e.g. courier agencies or India Post. The physical delivery may take such time as may be taken by shipping company. Shipments will be done only to addresses in India.
Cancellation and Refund Policy
The company does not have any policy for cancellation of orders and refund of money. Once a product or service has been paid for, no refund will be made even if the product/service is not used by the subscriber. Subscribers are advised to make purchases after satisfying themselves fully of the products and services available on the website and their usefulness for them. Subscribers are urged to go through the demo products before making purchases on practicepapers.com.