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Product Policy
Usage Policy

              Terms of Use


Terms of Use Effective from 1st March 2012

THANK YOU FOR CHOOSING

These terms of usage regulates your use of the Myelearner.com website and services. By using or visiting the Myelearner.com website you agree to confine by these terms of use. If you do not agree to these Terms of Use, you should not use the Myelearner.com website. For the purpose of this agreement, “you” refers to the parent or adult who is paying for the service, as well as the student/user who is using the service.
THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE.
 Modification In Terms of Use
Myelearner.com withholds the right, from time to time, with or without notice, to change these Terms of Use in its sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Product Policy" located at the top right corner of the pages of the Myelearner.com Web site. The most current version of the product policy will supervene upon all previous versions. Your use of the Myelearner.com Web site or continued use of our service after changes are made conforms that you agree to confine by the changes in the services therein.

 

Privacy
Any information submitted on the Myelearner.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our product(s) and service(s).
 
OUR SERVICE AND YOU
*Registration
To use the Services, you will need to register on the site, pay the applicable fees, and obtain an account, and password. You are solely responsible for maintaining the confidentiality and privacy of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s).You agree to the following in lieu of  the privacy confidentiality and other details related to  your account:                                                     (a) provide true, accurate, current and complete information about yourself as per the best of your belief  when prompted during the registration process.                                                                                                          (b) Maintain and promptly update Your information as and when needed to keep it true, accurate, current and complete.   
You agree not to use the site, the Services or the Company Content to recruit, solicit, or in any form or potential Consumers for employment or contracting for a business not affiliated with us without our advance written consent.
 
 
 
*Service Availability
Myelearner.com provides a 24X7 online test service. Tests are available around the clock though a user might not always get a test session due to technology problems or during a site maintenance window.
 
 

*Technology
Myelearner.com uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by Myelearner.com, the company cannot get guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
 
Identity Protection
You are solely responsible for maintaining the confidentiality and accessibility to your account(s) and password(s). You may choose to share your account with other people by providing them your password. However, if you decide to do so, you are solely responsible for the consequence arising thereof. Users of public or shared computers or unprotected mobile devices should log out of myelearner.com after each visit to the Web site.  
If you find that you're a victim of identity theft and it involves Myelearner.com account, you should immediately notify customer service. Then, you should report this matter to all your credit card issuers, as well as your local enforcement agency. Myelearner.com reserve the right to suspend or put an account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Myelearner.com is not obligated to credit or discount a membership for hold placed on the account by either a representative of Myelearner.com or by the automated processes of Myelearner.com.
 
Intellectual Property
* Copyright
All content  included on the Myelearner.com Web site and delivered to subscribers as part of the service(s), including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software, is the property of Myelearner.com, or its suppliers and is protected by The Indian Copyright Act, 1957. The compilation of all content on this site is the exclusive property of Myelearner.com, and protected by The Indian Copyright Act, 1957. Content shall not be reproduced or used without express written permission from Myelearner.com, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Myelearner.com Web site, not to insert any code or product or manipulate the content of the Myelearner.com Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Myelearner.com reserves the right to terminate your membership if Myelearner.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the Myelearner.com service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use on how to notify us of the presence of any allegedly infringement of content on the Myelearner.com Web site.
 

 

* Trademarks
The Myelearner.com logo is trademarks or service marks of myelearner.com. The Myelearner.com Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute the personal property of Myelearner.com. The trademarks, service marks and other products or services of Myelearner.com may not be used or reproduced without prior written approval from Myelearner.com and may not be used in connection with any product or service that is not affiliated with Myelearner.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Myelearner.com, or in any manner that knocks or discredits Myelearner.com product(s) and/or service(s).
 
Membership and Billing
 
* Free Trial Offer
Only single free trial voucher can be used per account. Any query, request or complaint in this regard will not be entertained under any circumstances. Although, these free trial vouchers are given randomly but if the company wants they can issue it to a particular institute, agency, individual or group of individuals and any complaint, or query whatsoever will not be entertained in this regard.

 

* Cancellation and Refund
The payment once made is non refundable, non- transferable under any circumstances. Claims made after the payment will not be entertained. However, if there are any discrepancies in the transaction you can contact our student support cell. 

*Pricing
Myelearner.com reserves the right to change prices without any prior notice and to offer promotions periodically to certain group of customers and thus not available to all customers. However, Prices will not rise during the current month of subscription or during the duration of a test package but can change for subsequent months or test packages.

 

Web Site Content
We use subject content, and other animations and we reserve the right to display and promote the content or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Myelearner.com Web site allows you and other third parties to post comments, give feedback concerning the services offered, our products, and test content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Myelearner.com Web site are those of the respective authors or producers and not of Myelearner.com, or its directors, officers, or employees. Under no circumstances shall Myelearner.com, or its officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Myelearner.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available throughout the Web site.
Use of Information Submitted
Myelearner.com, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Myelearner.com  ("Content"), including, without limitation, responses to questionnaires or through postings to the Myelearner.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Myelearner.com Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Myelearner.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Myelearner.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Myelearner.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Electronic Communications
By using the Myelearner.com service, you consent to receiving electronic communications from Myelearner.com. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured content or other announcements, or offerings. You also agree to receive news, events, offers etc. in the form of messages on your mobile. These communications are part of your relationship with Myelearner.com and you receive them as part of the Myelearner.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically or via mobile will satisfy any legal communication requirements, including that such communications be in writing.
Conduct
You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:    
(i) Interfere with the ability of others to access or use the Services.           
(ii) Disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services   
(iii) Claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.                                                       
(iv) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

 

Limitations on Use
You must be 18 years of age or older to subscribe to the Myelearner.com service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Myelearner.com Web site is for your personal and non-commercial use and we grant you a limited access to the Myelearner.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Myelearner.com Web site without our express written consent. Myelearner.com does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Myelearner.com Web site or its contents will terminate the limited access granted by us.

 

Fair Usage Policy
Under the subscribed service, Myelearner.com offers unlimited scheduled and instant sessions for a single student. If found violating the terms of service Myelearner.com reserves the right to cancel a user’s account or limit usage if there is suspected account. If your account is suspended or limited please contact customer service. Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services so keep your account login information confidential and private for your own safety.
Right to Terminate/Deactivate
We reserve the right to terminate or restrict your use of our service(s) or product(s), without any advance notice, for any or no reason whatsoever.
Also note that an account is bound to be deactivated if it is not accessed for a period of three years from the date of activation. In such a case user will have to request a new account and any query regarding previous account will not be entertained whatever the circumstances may be.

 

Claims of Copyright Infringement
It is the policy of Myelearner.com to respect the intellectual property rights of others. Myelearner.com does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Myelearner.com Web site, or know of someone who is making unauthorized use of the content of the Myelearner.com Web site, please notify us of your concern by submitting a written notice to us at the following address:
Head office
29, South Patel Nagar
New Delhi-110018.

Your details and identity will be kept confidential and will be treated with utmost privacy.

Include following points in your complaint:
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Myelearner.com Web site that is claimed to be infringing, and information reasonably sufficient to help us to locate the material;
(iv) Your reasonable and correct contact information , such as your address, telephone number, and, if available, your e-mail address , so as to permit us to contact you;
(v) A statement that you have a good  belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

 

Our copyright notice email address is copyright@myelearner.com Please note, however, that in order for your notice to us to be effective under the Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to [contact us].

 Warranty Disclaimer; Limitations.
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR OFICERS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

 

 

AMENDMENTS
You agree to indemnify, defend and hold harmless myelearner.com, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to amendment by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Services Modification
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
General
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall indurate to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curbed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the Delhi Jurisdiction applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the Delhi Jurisdiction. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

 

Trademark Notice

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


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