B. Membership and Accessibility
1. License to Access
QuestionCloud.in hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms and Conditions; provided, however, that
- (i) You will not copy, distribute, or make derivative works of the Website in any medium without QuestionCloud.in’s prior written consent;
- (ii) You will not alter or modify any part of the Website other than as may be as may permitted by the QuestionCloud.in and are reasonably necessary to use the Website for its intended purposes; and
- (iii) You will otherwise act in accordance with the terms and conditions of the Terms and Conditions and in accordance with all applicable laws.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are of any age group and can form legally binding contracts under applicable law.
- (a) All registration information that you submit is truthful and accurate,
- (b) You will maintain the accuracy of such information, and
- (c) Your use of the Website and Services offered through this Website do not violate any applicable law or regulation.
You need not register with QuestionCloud.in to simply visit and view the Website and service catalogue available there. But, you need to register with QuestionCloud.in to participate in Free test(s) available on the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). These certain features include, but are not limited to viewing the marks scored, answer keys, answer explanation and basic analytical reports.
To create an account, you must submit your name, mobile number and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to QuestionCloud.in in providing you with a more customized experience when using the Website.
You are solely responsible for safeguarding your QuestionCloud.in password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify QuestionCloud.in immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without QuestionCloud.in’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not QuestionCloud.in will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of QuestionCloud.in or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User”.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Website in any medium without QuestionCloud.in’s prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not in any way that transmit more request messages to the QuestionCloud.in servers, or any server of a QuestionCloud.in subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material.
- QuestionCloud.in reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not take any action that
- o (i) unreasonably encumbers or, in QuestionCloud.in’s sole discretion, may unreasonably encumber the Website’s infrastructure;
- o (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or
- o (iii) bypasses QuestionCloud.in’s measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
Your access to, use of, and participation in the Website is subject to the Terms and Conditions and all applicable QuestionCloud.in regulations, guidelines and additional policies that QuestionCloud.in may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that QuestionCloud.in publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, QuestionCloud.in, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. Any changes to the Terms and Conditions policies will be notified to you at your next login and we assume that you regularly read these Terms and Conditions and agree with the changes made by us.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
(a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; and
(b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was.
- 1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, QuestionCloud.in, in its sole discretion, may take any of the following actions:
- (i) cancel your Feedback or any of your Postings;
- (ii) limit your Account privileges;
- (iii) suspend your Account; and/or
- (iv) decrease your status earned via the Feedback page.
- 2. Reporting Inappropriate Use of Feedback. You may contact QuestionCloud.in regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
- The foregoing lists of prohibitions provide examples and are not complete or exclusive. QuestionCloud.in reserves the right to
- (a) terminate your access to your Account, your ability to post to this Website and
- (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that QuestionCloud.in determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services.
QuestionCloud.in reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that QuestionCloud.in deems appropriate in QuestionCloud.in’s sole discretion. QuestionCloud.in may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at QuestionCloud.in’s discretion, QuestionCloud.in will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. QuestionCloud.in does not and cannot review every Posting posted to the Website.
D. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
- (a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Service Professionals and/or QuestionCloud.in);
- (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
- (c) agree to purchase a Service when you do not meet the Service Professional’s or Website’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
- (d) misuse any options made available now or in the future by QuestionCloud.in in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the Posting, QuestionCloud.in, in its sole discretion, may take any of the following actions:
- (a) limit the Service User’s Account privileges; and/or
- (b) suspend the Service User’s Account.
- (a)Cancellations will be considered only if the cancellation request is made within 24 hours of placing the order. However, the cancellation request will not be entertained if the orders have already been completed or if we have initiated the process of shipping either by ourselves or through the vendors/merchants/representatives whom we may appoint from time to time.
- (b) No cancellations are allowed for products on which Question Cloud marketing team has given special offers for various purposes including but not limited to special occasions like New Year, festivals, specific examination etc. These are limited validity offers and therefore cancellations are not possible.
- (c) In case you feel that the product received is not as shown on the site and/or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The customer service team, after looking into your complaint, will make an appropriate decision.
E. Limitation of our Liability
You hereby release QuestionCloud.in, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users.
None of the Services, including but not limited to test paper, test series, modules, study materials, etc, listed on the Website are provided by us. We act as an intermediary between the Service Users and the Service Professionals. All the service related information transmitted and posted on the Website are by the Service Professionals.
We shall in no way be liable for the information related to the services posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- provides or create links to external sites;
- is intended to harm or exploit any individual under the age of 18 in any way;
- • is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;
- • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- • contains falsehoods or misrepresentations that could damage us or any third party;
- • is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- • is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- • advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);
- • contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- • contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
- • distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;
- • contains links to commercial services or websites;
- • is irrelevant content;
- • contains identical content to other open Postings you have already posted; or
- • contains anything which is in violation of applicable laws of India.
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The service providers act as an independent contractor and any act done by those service providers makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided service. We shall in no way be liable if something happens to a service provider during the course of providing the service.
F. Limitation of Service Provider’s Liability
We shall not be liable for a reasonable amount of delay or inability in performing the service. The reasonableness shall be determined on case to case basis but the generally it is due to online traffic and other practice interruption.
G. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
H. Copyright Infringement Take Down Procedure
QuestionCloud.in has high regard for intellectual property and expects the same level of standard to be employed by its users. QuestionCloud.in may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com.
- (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit QuestionCloud.in to locate the material;
- (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
- (iv) information reasonably sufficient to permit QuestionCloud.in to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
- (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
Only the intellectual property rights owner is permitted to report potentially infringing items through QuestionCloud.in's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms and Conditions.
I. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
QuestionCloud.in reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that QuestionCloud.in shall not be liable to you or to any third party for any modification, suspension or discontinuance of QuestionCloud.in services.
2. TERMINATION BY QUESTIONCLOUD.IN
You hereby acknowledge and agree that QuestionCloud.in, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if QuestionCloud.in believes or has reason to believe that you have violated any provision of the Terms and Conditions.
3. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms and Conditions, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the QuestionCloud.in system.
Unless QuestionCloud.in has previously cancelled or terminated your use of the Website (in which case subsequent notice by QuestionCloud.in shall not be required), if you provided a valid email address during registration, QuestionCloud.in will notify you via email of any such termination or cancellation, which shall be effective immediately upon QuestionCloud.in’s delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of QuestionCloud.in Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that QuestionCloud.in shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, QuestionCloud.in retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted QuestionCloud.in hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold QuestionCloud.in, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
J. Intellectual Property Rights
1. QUESTIONCLOUD.IN OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content by Service Professionals), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by QuestionCloud.in. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. QuestionCloud.in reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. QUESTIONCLOUD.IN’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website contains QuestionCloud.in’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and QuestionCloud.in owns and retains all rights in the QuestionCloud.in Data and Marks. Subject to these Terms and Conditions, QuestionCloud.in hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the QuestionCloud.in Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
K. Governing Law
All matters arising out of this Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in Chennai and the Parties hereby irrevocably submit to the jurisdiction of these courts.
M. General Information
No waiver of any provision of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and QuestionCloud.in’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.