PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. The BrilliantExams Service is not available to any users suspended or removed from the system by BrilliantExams for any reason. Users should not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their BrilliantExams account to another party. If you do not qualify, you may not use the BrilliantExams Service.
3. Your Right and Obligations
Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms and the profile forms on the Site (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. (d) you are also responsible for all the user accounts created by you for your organization and all the activities that occur under such user accounts with or without your knowledge.
Agreement and Warranty
Although as an online service provider, we are not responsible for the conduct of our users. We want BrilliantExams to be a safe place on the internet. Therefore, in using BrilliantExams you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You undertake the full responsibility of the content contributed to BrilliantExams by you or the user account created by you and you will indemnify BrilliantExams from any third party claims arising out of your actions due to contribution of such contents.
In addition, you agree not to use the Service or the Site to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials,”junk mail”,”spam”,”chain letters”,”pyramid schemes”Â or any other form of solicitation. This prohibition includes, but is not limited to a) Using BrilliantExams to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity unless explicitly permitted by such user or group or entity.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers.
- Solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes.
- Upload, post, transmit, share or otherwise make available 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; intimidate or harass others.
- Use or attempt to use other’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- Sell, rent, or otherwise provide your contacts/other users contact information to any third party for marketing purposes. Further you cannot use your contact/other users’ contact information for marketing purposes.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
User Content Posted on the Site
You are solely responsible for the profiles, question, knowledge, comments, messages, notes, text, 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 (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. 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 the Company. 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.
We do not claim any ownership of the User Content. You the user may have an option to mark the content you upload as Private (Private Content) or allow it to be used by other users of the Site (Public Content). In case of Public Content, including but not limited to your public profile, questions, knowledge, comments, messages, notes, text and other content, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Public 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 Public User Content, and to grant and authorize sub-licenses of the foregoing. You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Private Content) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. You may remove your User Content from the Site at any time. However, you acknowledge that in case the User Content was Public in nature the Company or Users may retain such Content in their own accounts. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is BrilliantExams’s policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BrilliantExams by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BrilliantExams Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BrilliantExams Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf BrilliantExams’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Cell, Brilliant Exams and Scholastic Tests Pvt. Ltd., A501, Shreeji Arcade, Anandmahal Road, Adajan, Surat, GJ, IN. PIN:395009.
For the Users purchasing any of the products of BrilliantExams and paying the fees thereof, the payments will be governed by the Terms as mentioned below:
- You have purchased the product after full and thorough study and are committed to use it and hence neither will you ask for any refunds in either in full or partial and nor will BrilliantExams refund any moneys.
- If you are buying a product on behalf of other User then in that case you are entitled to receive referral charges at decided by BrilliantExams for each product from time to time. The payouts for such referral charges will be either in the form of cheques in your name or in the form of discounts offered to you for your next purchase. The periodicity of the payouts decided by BrilliantExams may change from time to time without any further notice.
- The payments for the purchase will be carried out using third party payment gateways and the User may make the payment by using the supported methods of NetBanking, Credit Card or Debit Card payments.
- BrilliantExams will never store any personal financial details like credit card details, bank account details, etc, in full.
You agree to receive communications from BrilliantExams in connection with your use of BrilliantExams Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.
You are solely responsible for your interactions with other Members. BrilliantExams reserves the right, but has no obligation to monitor disputes between you and other Members.
of the users involved.
4. Our Rights and Obligations
Proprietary Rights in Site Content; Limited License
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”), are the proprietary property of the Company, 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 the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, 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 and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
You acknowledge that BrilliantExams reserves the right to charge for the BrilliantExams Services and to change its fees from time to time in its discretion. If BrilliantExams terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees paid by you.
Third Party Websites and Content
The Site contains, or you may be sent through the Site or the Service, links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Rights of Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, you agree that all terminations shall be made in BrilliantExams’s sole discretion and that BrilliantExams shall not be liable to you nor any third-party for any termination of your account or access to the BrilliantExams Service.
Repeat Infringe Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, Members who are deemed to be repeat infringes. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE BrilliantExams SERVICE IS PROVIDED ON AN “AS IS”Â AND “AS AVAILABLE” BASIS AND THAT BrilliantExams DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BrilliantExams ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. BrilliantExams EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BrilliantExams MAKES NO WARRANTY THAT (i) THE BrilliantExams SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BrilliantExams SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BrilliantExams SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BrilliantExams SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BrilliantExams 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BrilliantExams OR THROUGH OR FROM THE BrilliantExams SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BrilliantExams SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BrilliantExams HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAG