Exan kiosk Terms of Service
Exan kiosk Terms of Service
Welcome to Exan kiosk, an online skill assessment organisation to help you learn new skills and achieve industry certifications to MoveUp your career. The provisions set forth below (the "Agreement") state the terms and conditions that together constitute the entire agreement governing your use of the website located at www.Exan kiosk.in (the "Website") and the services and materials offered thereon ("Services ") by Exan kiosk Assessment Services Limited ("Exan kiosk"). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to be bound by the terms of this Agreement, please discontinue your use of the Website immediately.
Unless otherwise indicated, the copyright in the content of this Website, including the screens displayed on the website, is owned by Exan kiosk. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any portion of the Website, including but not limited to the code and software underlying the Website.Purpose of Website.Any information provided by Exan kiosk is not intended to replace, and should not be interpreted or relied upon as professional advice from Exan kiosk, whether legal or otherwise. Accordingly, please consult with your own professional experts for all advice concerning legal matters, human resource matters, and the like that may be discussed on this Website.
The Website is accessible to you through a computer or other access device. Its content may include information, testing material, editorial content, images, videos, social forums, and links to other websites. You are responsible for all charges associated with accessing the Website.
Access to Certain Portions of the Website
Access to certain portions of the Website is restricted to members of Exan kiosk, holders of certain Exan kiosk certifications, and others. To become eligible to access any such portions of the Website, you may be required to give Exan kiosk certain information. You agree to provide true, accurate, and complete information and to update this information when it changes. If you provide any information that is untrue, inaccurate, incomplete, or misleading, or if Exan kiosk suspects that you have provided any untrue, inaccurate, incomplete, or misleading information, Exan kiosk may, in its sole discretion, suspend or terminate your membership, certification status, and/or right to access all or part of this Website. If Exan kiosk assigns you a user ID and/or password to enable you to access restricted portions of the Website, you are solely responsible for maintaining the confidentiality of your ID, password, and other account information. You will be responsible for all usages of the Website made with your user ID and or password. You agree that you will notify Exan kiosk immediately of any unauthorized use of your password, user ID, or account, or any other breach of security. You agree that you will log off of the Website immediately when you are finished using it in order to prevent fraud by unauthorized persons.
Restrictions on Usage
As a condition to your right to use the Website, you will not:
(a) engage in any activity that disables the Website or otherwise impedes its operation or limits its availability to others;
(b) alter in any way the content of the Website;
(c) use the Website to post or otherwise disseminate any unlawful, threatening, defamatory, offensive, obscene, vulgar, pornographic, profane, indecent, or fraudulent communication of any kind, as determined by Exan kiosk in its sole discretion;
(d) use the Website to post or otherwise disseminate any communication that infringes or dilutes any intellectual property or that violates any person's rights of privacy or publicity;
(e) use the Website to transmit any virus, bot, worm, Trojan horse, or other harmful software;
(f) use the Website to post or disseminate any communication that encourages or assists any other person to engage in illegal activities;
(g) utilize the Website or any information contained in the Website to assist in any way with the transmission of unsolicited email messages to any other person;
(h) impersonate any other person or entity or misrepresent any fact about yourself;
(i) distribute, transfer, or disseminate any information derived from the Website through or onto a searchable, machine-readable database;
(j) use the Website to collect information about other users of the Website; or
(k) attempt to use the Website to gain unauthorized access to other computer systems or networks connected to the Website.
Proprietary Rights; Limited License
All content on the WebSite and available through the Service, including text, pictures, graphics, designs, video, applications, software, sound and other files, and their selection and arrangement (the "Website Content"), is the proprietary property of Exan kiosk, its partners, its users or its licensors with all rights reserved. No Website 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 SkilllSign'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 Website.
User Content Posted on the Website
Monitoring by Exan kiosk
Exan kiosk has the right, but not the obligation to monitor the use of the Website. If Exan kiosk monitors the use of the Website, Exan kiosk may examine, copy, and record any information relating to your usage of the Website. Exan kiosk reserves the right to disclose any such information in order to comply with any law, regulation, or governmental request. Exan kiosk shall have the right, but not the duty, to remove any communication that Exan kiosk, in its sole discretion, finds to be objectionable or inappropriate.
Third Party and Partner Interactions
During use of the Service at the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and third party hosted service providers ("academies") showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. Exan kiosk shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Exan kiosk does not endorse any sites on the Internet that are linked through the Service and in no event shall Exan kiosk or its licensors be responsible for any content, products, or other materials on or available from such sites.
In no event shall Exan kiosk and its affiliates be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website its services or this agreement (however arising, including negligence).
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the selected services requested during the signup. Payments must be made according to selected plan in advance unless otherwise mutually agreed upon in a paper based or online Order Form. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all services ordered for the entire License Term, whether or not such services are actively used. You must provide Exan kiosk with valid credit card or approved purchase order information as a condition to signing up for the Service. Exan kiosk reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice provided to you by e-mail or by posting the changes to the Exan kiosk Website (www.Exan kiosk.in). All pricing terms are confidential, and you agree not to disclose them to any third party.
Pricing and Billing
Exan kiosk charges and collects in advance for use of the Service. Exan kiosk's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Exan kiosk income. You agree to provide Exan kiosk with complete and accurate billing and contact information. If the contact information you have provided is false or fraudulent, Exan kiosk reserves the right to terminate your access to the Service in addition to any other legal remedies. Exan kiosk does not accept any liability for such loss.
Exan kiosk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Non-Payment and Suspension
In addition to any other rights granted to Exan kiosk.in herein, Exan kiosk reserves the right to downgrade, suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). If there is a Free Edition available, your access to Service will be downgraded to the Free Edition level. Downgrading or suspending your Service may cause the loss of Content, features, or capacity of your Account. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for licenses (minimum usage fee) during any period of suspension. If you or Exan kiosk initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section or accordance with the statement-of-work. Exan kiosk reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Exan kiosk has no obligation to retain User Content and that such User Content may be irretrievably deleted if your account is 30 days or more delinquent.
This Agreement commences on the Effective Date. For Exan kiosk Free Edition services and licenses, the term is indefinite and may be terminated at any time in Exan kiosk's sole discretion. For all other editions, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form. Upon the expiration of the Initial Term, either party may terminate this Agreement or amend the agreement scope by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), Exan kiosk will make available to you a file of the User Content (in Exan kiosk's file format) within 30 days of termination if you so request at the time of termination.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the Exan kiosk Technology or Service will be deemed a material breach of this Agreement. Exan kiosk, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Exan kiosk may terminate a free account at any time in its sole discretion.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE PROVIDED ON AN "AS IS" BASIS. EXAN KIOSK DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONNECTION WITH THE INFORMATION AND MATERIALS.
Limitation of Liability
IN NO EVENT WILL EXAN KIOSK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EXAN KIOSK OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. EXAN KIOSK SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT APPEAR ON OR ARE DISSEMINATED THROUGH THIS WEBSITE. ANY SUCH RELIANCE IS AT YOUR OWN RISK. EXAN KIOSK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES MAY LAST, SO THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS. THESE OTHER RIGHTS VARY FROM STATE TO STATE.
Acknowledgment of Warranty Disclaimers
Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on this Website, including but not limited to Exan kiosk privacy and security policies. You acknowledge and agree that Exan kiosk would not have made this Website available to you without the warranty disclaimers and the limitations on liability and remedy that appear in this Agreement.
You agree to defend, indemnify, and hold harmless Exan kiosk, its affiliates, and their respective directors, officers, employees, and agents from and against all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or accruing from
(i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret. trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
(ii) any misrepresentation made by you in connection with your use of the Website;
(iii) any noncompliance by you with the terms of this Agreement; and
(iv) any claims brought by persons or entities other than you or Exan kiosk arising from or related to your access and use of the Website, including the information obtained through the Website. Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Exan kiosk's liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
Exan kiosk, at its sole discretion, and for any reason or for no reason, may terminate your password or your access to all or part of the Website, and may delete and discard any information that you have published, sent or received on or via the Website.
No Exan kiosk trademarks or trademarks owned by any other person that appear on this Website may be copied, downloaded, or otherwise utilized without the express written consent of the owner of such trademark.
Exan kiosk reserves the right but not the obligation to terminate your right to use the Website if Exan kiosk determines, in its sole and absolute discretion, that you are involved in an activity that infringes the intellectual property of others. Exan kiosk seeks to accommodate, and not interfere with, standard technical measures used by copyright owners to protect their materials. All claims of infringement must be submitted to Exan kiosk in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
You can submit any such complaint by e-mail at services@Exan kiosk.in.
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other property right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of:
(i) the owner of the proprietary right that is allegedly infringed; or
(ii) the person defamed.
2. An identification of the work claimed to have been infringed.
3. An identification of the material that the claimant alleges is infringing, along with information that enables Exan kiosk to locate such material.
4. Information that enables Exan kiosk to contact you.
5. A statement that you believe in good faith that the activity in question is an infringement and violates the law.
6. A statement under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed or that you are authorized to act on behalf of the person allegedly being defamed.
Governing Law and Choice of Forum
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Bangalore, Karnataka, India.
No Assignment by User
You may not assign any of your rights, obligations, or privileges under this Agreement without the prior written consent of Exan kiosk.
If any provision of this Agreement is deemed unlawful, void, or otherwise unenforceable, then that provision shall be considered severable from this Agreement. Such provision shall be enforced to the fullest extent allowed by law to achieve the intention of the parties. The severable provision shall not affect the validity and enforceability of any remaining provisions of the Agreement.
No waiver of any provision of this Agreement will be effective unless set forth in a written instrument signed by the waiving party. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
The captions, titles, and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. No waiver by Exan kiosk of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.If any dispute arises between you and Exan kiosk during your use of the Website or thereafter, in connection with and arising from your use or attempt to use this Website, the dispute shall be referred to arbitration. The arbitration proceedings shall be in the English language.The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. The place of arbitration shall be New Delhi.