TERMS AND CONDITIONS OF USE OF THE WEB SITE
1. topperselearning.com ("the Site"), is an online
testing service, based on the self-assessment of pupils
of under the various syllabi followed in India ( "the
Service") . The terms and conditions set forth hereinafter
are applicable to all visitors/subscribers or users
of the Site. The site is branded under the name of topperselearning.com
2. The Site is designed, updated and maintained by
Toppers Infocomm (P) Ltd. and the name, design and the
model are exclusive property of Toppers Infocomm (P)
Ltd.. Any copy and / or reproduction in any form and/or
unauthorized access to any data forming part of the
Site will amount to infringement of copyright laws and
international treaty provisions.
3. Information provided on this Site is on "as is"
basis and/or as collected from various sources, which
can be shared with subscribers on request.
4. While utmost care is taken to provide correct and
up to date information, Toppers Infocomm (P) Ltd. does
not warrant the accuracy, completeness and timely availability
of the information provided on the Site and accepts
no responsibility or liability for any error or omission
in any information provided on the Site.
5.Toppers Infocomm (P) Ltd. may, at its sole discretion,
change the Fee Structure at any time without prior intimation.
The variables such as scholarships / discounts may not
be mentioned on the Site. The prices, relevant levies
and other charges / schemes of scholarships / discounts
given can be changed anytime without prior notice. Add-ons
to the Fees, such as but not limited to, taxes, duties
or other levies are payable by recipients of subscription
service as per the governing laws of India or foreign
countries.
6. Toppers Infocomm (P) Ltd. reserves the right to
modify, add, delete and/or change the contents and classification
and presentation of the information / content at any
time as it may in its absolute discretion find to be
expedient, and without giving any notice. It is the
user's responsibility to refer to the currently prevalent
terms and/or any change or addition to the same while
accessing the Site.
7. The content in different programs has been prepared
by a team of subject experts from different parts of
the India. While designing the questions, the team has
referred to a number of books, question papers, study
material and other resources available in the market.
Every effort has been made to ensure that no infringement
of any copyright happens. In case any discrepancy is
reported corrective action would be taken immediately
by Toppers Infocomm (P) Ltd..
8. It is clearly understood that the use of the Service
by the Subscriber is only for purposes of self-assessment
and continuous improvement. A poor score in such self-assessment
is not meant to discourage the Subscriber or indicative
of the results that the Subscriber is likely to achieve
in any Examination, oral or written,in which the Subscriber
may subsequently appear, nor does a high score necessarily
guarantee success in such subsequent examinations. It
shall be the responsibility to provide mature guidance
to the Pupils in this regard. Toppers Infocomm (P) Ltd.
accepts no liability on this account.
9. Though utmost precautions are taken, Toppers Infocomm
(P) Ltd. offers no warranty that the contents of the
Site are free from viruses or any other infection, which
has contaminating or destructive properties.
10. The Site provides at many places links to other
websites hosted on servers maintained by third parties
over which the Site has no control. The Site accepts
no responsibility as to the validity of contents and
shall in no way be liable for any damage/loss arising
to users seeking access or using the Site.
11. All subscribers to the Site are bound by the general
terms and conditions mentioned herein and by the subscription
agreement set forth hereinafter and special terms contracted
therein.
12. The Site accepts advertising material sent by third
parties for display. Advertisers are responsible for
ensuring that the material submitted by them complies
with national and international law. Toppers Infocomm
(P) Ltd. at its absolute discretion reserves the right
to change, suspend or omit any advertisement without
any prior notice.
Acceptance of Terms And Conditions
1. The use of topperselearning.com service by any Subscriber
is subject to the Terms and Conditions mentioned hereunder.
2. The subscription is for the period specified at
the time of booking the order. Without having any contractual
obligation to give prior intimation regarding expiry
of the subscription, Toppers Infocomm (P) Ltd. will
endeavour to intimate the Subscriber about the expiry
of the subscription..
3. Whenever a Subscriber enrols by agreeing to subscribe
to the Service choosing payment through Credit Card
as the mode of payment, Subscriber shall authorise Toppers
Infocomm (P) Ltd. to realise the full fee for the Service
in advance.
4. The Site will commence service only after due realization
of payment.
5. While every endeavour shall be made to start the
Service to the Subscriber as early as possible upon
realisation of the full payment, Toppers Infocomm (P)
Ltd. shall not be liable for any damages should a delay
inevitably occurs.
6. Toppers Infocomm (P) Ltd. reserves the right, to
suspend or terminate the Services at any time in its
sole discretion in case any difficulty is encountered
in its realisation of the full value of the Fees payable.
7. The violation of any of the terms and conditions
by the Subscriber shall be adequate grounds for cancellation
of the Service, and no liability shall befall Toppers
Infocomm (P) Ltd. to refund the fees already paid, either
in full or in part..
8. Once the payment has been realized no refund / cancellation
will be made on any ground, including non-usage of the
Service
9. The Subscriber shall be provided a unique User id.
acknowledges that the right to use the Subscriber is
entirely responsible for maintaining the confidentiality
of the Subscriber's password and account. The Subscriber
shall ensure that the Subscriber exits from the account
at the end of each session by signing out. Toppers Infocomm
(P) Ltd. takes no responsibility and shall stand totally
indemnified by the Subscriber for any or all consequences
caused by any unauthorized use of the Subscriber's account
by any third-party.
10. The Subscriber agrees to immediately notify Toppers
Infocomm (P) Ltd. of any unauthorized use of the Subscriber's
password or account or any other breach of security,
11. The Subscriber agrees to provide Toppers Infocomm
(P) Ltd. current, complete, and accurate registration
information as prompted by The Site and to maintain
and update this information at all times as required
to keep it current, complete and accurate.
12. All the contents of the Service are only for general
information or use. They do not constitute advice and
should not be relied upon in making (or refraining from
making) any decision. Any specific advice or replies
to queries in any part of the Service is/are the personal
opinion of such experts/consultants/persons and are
not subscribed to by Toppers Infocomm (P) Ltd..
13. Subscribers shall from their own account be able
to access the database recording their performance etc
including their performance analysis provided by way
of statistical graphs and diagrams/ test analysis /
reports of the pending tests / subscription details.
14. The information from or through the Service is
provided on "AS IS" basis. Toppers Infocomm (P) Ltd.
as also their parent Organisations, affiliates and associates
shall not be liable, at any time for damages arising
from sudden change / addition in the syllabus, testing
pattern, marking pattern, announcement of exam dates
/ any of its contents, or from any action taken (or
refrained from being taken) as a result of using the
Service or any such contents or for any failure of performance,
error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communications
line failure, theft or destruction or unauthorized access
to, alteration of, or use of information contained on
the Service. No representations, warranties or guarantees
whatsoever are made as to the accuracy, adequacy, reliability,
completeness, suitability or applicability of the information
to a particular situation. The Subscriber agrees that
Toppers Infocomm (P) Ltd. has no responsibility or liability
arising from factors including but not limiting to the
deletion, corruption, loss or failure to store any messages
or content / data maintained or transmitted by the Service,
and that no compensation is or shall be payable whatsoever
with respect to the aforesaid by Toppers Infocomm (P)
Ltd.. Toppers Infocomm (P) Ltd. MAKES NO WARRANTY THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE.
15. Certain links on the Service lead to resources
located on servers maintained by third parties over
whom the Site has no control or connection, business
or otherwise. These services are external to the Site
and by visiting these, the Subscriber acknowledges that
the Subscriber is outside the the Site's web service
and its channels. The Site neither endorses in any way
nor offers any judgment or warranty and accepts no responsibility
or liability for the authenticity, availability of any
of the goods or services or for any damage, loss or
harm, direct or consequential or any violation of local
or international laws that may be incurred by the Subscribers
visiting or transacting on these services.
16. Copyright of the content lies with TOPPERS INFOCOMM
(P) Ltd.The Subscriber may download, view and print
content from the site for lawful purposes only. No commercial
use of any content available on the topperselearning.com
may be made without prior express written permission
from TOPPERS INFOCOMM (P) Ltd.
17. Toppers Infocomm (P) Ltd. holds all other intellectual
property rights pertaining to the database available
on the Site. All work on the Site is protected from
infringement by local and international legislation
and treaties. The courseware contained within the Site
is licensed, and under no circumstance the Subscriber
is granted permission to produce more than a single
hard copy of each testing module, The Subscriber is
not authorised to reprint/ duplicate the modules contained
within.
18. In addition to a normal Computer System and necessary
hardware, Subscribers are required to have an installed
working copy of Microsoft Internet Explorer version
6.0 or above or any other compatible web browser. The
web pages are not guaranteed to display in any other
format.
19. Further, the Subscriber is advised to install such
other software in the Subscriber's Computer software
as demanded by the changing technologies, in order to
be able to download the contents from the Site from
time to time.
20. UNDER NO CIRCUMSTANCES WILL Toppers Infocomm (P)
Ltd. BE LIABLE TO THE SUBSCRIBER FOR ANY DAMAGES, SUCH
AS, BUT NOT LIMITED TO, LOSS OF DATA LOST TIME OR OPPORTUNITIES,
PROFITS, OR FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE SUBJECT
MATTER OF THIS AGREEMENT, REGARDLESS OF THE TYPE OF
CLAIM AND EVEN IF Toppers Infocomm (P) Ltd. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. This Agreement shall be governed by the Laws of
India. The Courts of law at New Delhi, Delhi shall have
exclusive jurisdiction over any disputes arising under
this Agreement.
22. These Terms of Service constitute the entire agreement
between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding
such subject matter.
23. Toppers Infocomm (P) Ltd. reserves the right to
add to or change/modify the terms of this Agreement.
Such Changes / Modifications would be made by Toppers
Infocomm (P) Ltd. after the first posting them at the
Site . The Subscriber shall be deemed to have accepted
them if the Subscriber continues to access the Site
thereafter.
24. Toppers Infocomm (P) Ltd. reserves the right to
use Subscriber's Information and details for its online
and offline promotion |