Terms and Conditions

The website www.MyExamPlan.com is developed, owned and operated by Thinkrucible Solutions Pvt. Ltd. (hereinafter called the "Company"). Use of this website and services provided therein (referred to as "Site") is governed by the terms and conditions contained herein under. Accessing the Site constitutes your unconditional acceptance of these terms and conditions including the disclaimers as included herein.

Disclaimer

This service is live and available for India only.

The company operates the site on best effort basis. The information contained in the site is based on what is published in various institute's notifications and websites, electronic media, public domains etc. As such, the company does not guarantee the accuracy and completeness of such information. The user is advised and expected to verify the same on his own from sources that he may deem appropriate. The company shall not be liable for any claims made against it of any nature arising out of or in connection with incorrectness or incompleteness of such information.

By using the Site, including any software, and content contained therein, you agree that use of the site is entirely at your own risk. The site is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the site. Specifically, Company disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the security, availability, accuracy, usefulness, or content of information, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

Neither the Company nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty.

The Company reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at anytime as may be required in view of business exigencies and/or regulatory or statutory changes. Company also does not warrant that the site will perform in an uninterrupted manner, or that the material available for access or downloading will be error free or any of them will be free of viruses or other harmful components which may creep in as a result of external effects/acts/parties. In no event shall the company and/or its suppliers/partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of profit, loss of use, loss or inaccuracy or corruption of data, or any other tangible or intangible perceived/notional loss whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this site or any such material provided through this site.

Company will update the terms and conditions of use of site from time to time. You agree that such updates are acceptable to you, and your continued use of our site after such updates have been posted constitutes your unqualified acceptance of such updates and changes. We therefore recommend that you refer to these terms from time to time to check when they were last updated.

Use of information provided in this Site is strictly for individual / personal use. In no event shall the information / subscription be used by a group of persons or by any academic or non academic institution / s in contravention thereof. In the event of any contravention thereof, Company reserves right to immediately and without notice cancel the subscription of the any one violating its aforesaid policy and take legal actions against it as it deems appropriate. And such legal matters shall be governed in accordance with Laws of India and to the exclusive jurisdiction of courts of Delhi.

At any stage if you are dissatisfied with any products, services, software and related material purchased or any portion of the Company web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Company web site.

Subscribing or using various paid/free services of the Company either directly or indirectly doesn't in any manner guarantee the user success in any exam or in any admissions.

The Company and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the, The Company sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. The Company shall not be responsible or liable for any consequential damages arising thereto.

Copyright and intellectual property rights

The material featured on this site is subject to Copyright and / or third party copyright unless otherwise indicated.

The Company is the owner and/or authorized user of names, images and logos identifying The Company and any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to penalties. The Company does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

The permission to reproduce Copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the copyright holders concerned.

Where indicated within the site, the use of certain material is subject to the specific and prior written approval of The Company.

The Company reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. The content presented at this Site may vary depending upon your browser limitations.

The Company has no obligation to monitor the Web Site. However, you acknowledge and agree that The Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. The Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and non-proprietary. In addition, The Company is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Indemnification

You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates, officers and employees from any loss, liability, claim, demand, damage or expenses (including reasonable lawyer's fees) asserted by any third party due to or arising from or in connection with your use of our Site.

Subscription validity

The subscription shall be valid for a period of 1 year from the date of signup. Upon completion of this 1 year period, it shall automatically terminate without any notification by the company.

Email & SMS service

Email, SMS and mobile services are not assured-delivery services, dependent on networks owned and operated by third parties and hence are beyond the control of Company. These services, therefore, are governed by policies, terms and service levels as applied by such third parties. The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service. Decision of the Company regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard.

Your mobile phone number will be used for sending you the messages through the telecom service provider's server for SMS service.

This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.

The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.

WAP services enable you to access our services and to submit and/or receive content through your wireless device. Your access to our WAP services may be dependent on the wireless device you use to access the applicable WAP services.

Subscription provides you with access to certain content for a selected period of time, which will be as indicated and chosen by you prior to purchase. The frequency with which you will receive the relevant content will be notified to you at the time you subscribe for the service.

You will not post or transmit any content that is abusive, obscene, racial, sexually oriented or against national interest. The Company reserves the right to suspend your account if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.

The Company reserves the right to modify/delete the account contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.

The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by The Company at its sole discretion without prior notice to the users.

The Company shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.

No reversal of deducted charges shall be allowed under any circumstances.

The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the service (content), and the users shall accordingly indemnify The Company against all third party claims relating to the users content or due to the users act, negligence or omission.

Message delivery is conditional to Mobile operator's technical infrastructure and its network uptime.

By using various SMS based services from the Company you agree to receive phone calls, messages etc. from the Company and/or its associates tailored to provide with better education related opportunities.

The user allows the Company to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.

Refund Policy

While the user can discontinue his subscription at any time, no refund of the subscription charges already paid shall be made under any circumstances.

Visitors' Covenants

The visitor agrees to use the Site only for lawful purposes, and only in a manner that does not infringe the rights or restricts or inhibits the use and enjoyment of the Site by any other party. Such restriction or inhibition includes, without limitation, conduct that may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.

The visitor grants to Company the right to use the visitor's name in connection with the material and other information submitted as well as in connection with any advertising, marketing and promotional material related thereto. The visitor agrees that the visitor shall have no recourse against Company on grounds of any alleged infringement or misappropriation of any proprietary right in such information and communication.

The visitor is obliged to comply with the local laws of the land. Access to the website from locations where the content is illegal is prohibited. Any visitor accessing the Site from such locations shall be doing so their own initiative and risk and cost and shall be responsible for compliance with all the consequences thereof, the Company being in no way responsible or accountable for any outcomes of the same.

Where you use passwords, ID numbers, or other special access features on this site, you also have a responsibility to take reasonable steps to safeguard them.

Termination : Should the user violate any statutory or contractual obligations or restrictions, Company shall be fully entitled to immediately terminate rendering services to him with forfeiture of any/all subscription charges paid. The company shall also be at liberty to initiate legal proceedings against such user.

Where you use passwords, ID numbers, or other special access features on this site, you also have a responsibility to take reasonable steps to safeguard them.

Limited Liability

Under no circumstances will the Company or any of its affiliates or assigns be liable to you, or any other person or entity acting on behalf of you, for any loss of use, revenue or profit, lost or damaged data, or other commercial or economic loss or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon software or services on this website, even if advised of the possibility of such damages or if such damages are foreseeable.

Notwithstanding anything contained, (i) the aggregate maximum liability of the Company towards you at any time in connection with the obligations undertaken, regardless of the form or nature of action giving rise to such liability (whether in contract, tort or otherwise), shall under no circumstances exceed the payment received for the engagement giving rise to the claim; and (ii) the Company shall not be liable for any indirect, exemplary, special, punitive, consequential or incidental losses, damages, claims, liabilities, charges, costs, expenses or injuries (including, without limitation, loss of use data, revenue, profits, business and for any claims of customers or other third party claiming through its customers) that may arise out of or be caused in connection with or result from this Agreement or any other obligations undertaken under the terms of this Agreement.

General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement may only be modified by a writing signed by an authorized officer of the Company. This is the entire agreement between the Company and you relating to the use of the Software and the services provided through this website and it supersedes any prior representations, discussions, undertakings, communications or advertisements relating to the software and the services.

Privacy

Our Privacy Policy is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via the website. Whenever you use this Site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

Ways that we collect information

  • Some areas of the site require you to actively submit information in order for you to benefit from specific features.
  • Some of this information may be personal (information that can be uniquely identified with you, such as your full name, email, mobile number, address, etc.).
  • Information is also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.
  • We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.

Cookies

On our website, we may use cookies to track users' progress through the site, allowing us to make improvements based on usage data. The information in a cookie does not contain any personally identifiable information you submit to our site.

Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose not to accept the cookie, this will not affect your access to the majority of information available on our website. However, you will not be able to make full use of our online services.

Monitoring of e-mail

We may monitor e-mail communications with the Company. This includes any Company employee staff). Any such monitoring will take place in accordance with the law.

Web Statistics

We may monitor e-mail communications with the Company. This includes any Company employee staff). Any such monitoring will take place in accordance with the law.

Upon using the Site, you are expressly allowing the Company to send information/promotion messages on the email addresses and/or mobile numbers provided by you and you agree that these shall not make the Company liable to any action under the provisions of Telecom Unsolicited Commercial Communications Regulation of TRAI, as amended from time to time. You agree to have permitted the Company to send information/promotion messages on your these email addresses and/or mobile numbers irrespective of your National Do Not Call (NDNC) registry status.

Governing law and jurisdiction

The access and use of the Site and these terms and conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising here from shall be subject exclusively to the jurisdiction of the courts of law at Delhi, India.

If these terms and conditions are not accepted in full, the access and use of the website must be discontinued immediately.

Links to other websites

The site contains links to other websites that are not owned or controlled by Company. Please be aware that we are not responsible for the privacy policies or usage/access terms and conditions of such other sites. User alone is responsible for compliance thereof.

Information Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

All information gathered on the site is stored and maintained in secure facilities that limit access to authorized personnel only.

Retention of Information

Company will keep personal information of its users for as long as they are registered subscribers or users of our products and services, and for a reasonable time thereafter.

Virus protection

We make all reasonable attempts to check and test material at all stages of production, and to exclude viruses from this website. It is always wise for you to run an up to date anti-virus program on all the material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system, which may occur whilst using material derived from the Company website.

Service continuity

The user acknowledges that the fault-free availability of and accessibility to Site may not be possible from all locations for compelling technical reasons and is subject to different environmental influences. In addition, there may from time to time be interferences, limitations or interruptions to the Site on account of atmospheric conditions, geographical circumstances as well as interferences on account of radio waves, interruption of the electricity supply or due to technical changes or other measures (e.g. maintenance and repair work) which are required for the proper or improved provision of the services. The obligation of Company to provide services is subject to the aforementioned limitations as these are beyond the control of Company.

Company shall assume no liability for temporary interruptions or limited availability if these are due to force majeure events, e.g. war, domestic unrest, strike action and lawful lockouts. The same shall apply to unforeseeable circumstances and circumstances beyond the control of Company if these would temporarily make the provision of services by Company unreasonably difficult or impossible such as, e.g., major operational disruptions, energy supply problems, labor disputes or measures taken by the authorities.

Downgrades can lead to the loss of content, functions or services of the account. Company assumes no liability for such data losses.

The user accepts, when making use of the services provided by Company for the transmission of content as well as during the processing, that content will be transmitted unencrypted via the internet.

Trademark(s)

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Company, its affiliates and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Company or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.