1. Introduction

Welcome! This document explains Terms & Conditions of using testonomics.in (“Website”). The Terms & Conditions set forth are between Testonomics (“Testonomics Edutech Private Limited”) and its Users (hereinafter referred to as “You” or “Your” or “User(s)”);

Please read the Terms & Conditions along with Privacy Policy carefully before using this Website (“testonomics.in”). By accessing or using any part of this Website, You represent that You have read, understood and agreed to be bound by these Terms & Conditions. 

In case You do not agree with any of the Terms and Conditions set forth, You are not authorised to access or use Our Website (“testonomics.in”).

You must be at least 18 years old to register on Our website. If You are under 18 years of age, You are not permitted to register unless such registration is completed by a parent or legal guardian. By Your continued access or use of the Website, You signify Your agreement to be legally bound by Terms & Conditions set forth herein. If You do not agree to the Terms & Conditions of this agreement, promptly exit this page and stop accessing the Services.

2. About Testonomics

Testonomics.in (“Website”, “Testonomics”) and the related service is owned and operated by Testonomics Edutech Pvt. Ltd. (“Testonomics”, “Us”, or “We”). Throughout this document, the term “Testonomics”, “Us”,”We”, or “Our” refers to Testonomics Edutech Pvt. Ltd. 

3. Description of the Website and Service

The Website allows Users to prepare for various examinations online by providing different types of educational content to its users. The educational content may be provided in the form of Test Series/Mock Tests, Video Lessons, Note, portable Pendrive courses or any other form (together called “Educational Content”) that Testonomics deems fit. At least some of the educational content may be paid. Any educational content that You purchase grants You a non-exclusive, non-transferable, non-sublicensable, limited license to use the educational content for a limited duration in accordance with the applicable Terms & Conditions;

The term ‘Service’ refers to all forms of Educational Content, including graphics and other functionalities that are accessed by using the website. Please note that We reserve the right to change or modify any part of Our service. You agree and acknowledge that Testonomics may, in its sole discretion and at any time, update, change, suspend, or discontinue any aspect of the Service – temporarily or permanently;

Testonomics cannot guarantee uninterrupted continuation of service. It may be hampered due to various reasons, including but not limited to, technical glitches, etc. In case a technical glitch occurs, We will attempt to find & correct/rectify the glitch as early as feasible but it may take longer due to reasons beyond Our control. 

4. Testonomics User Accounts

In order to access some of the aspects of service and educational content offered by Testonomics, You may have to register/sign up by creating an account with Us. You agree and confirm that You will never use another User’s account nor provide access to Your account to any third-party;

In order to register/sign up with Testonomics, You will be required to provide some information about You and/or organisation. In this connection, You agree to provide accurate, current and complete required information about You and/or Your organization. Further, You agree that you will be solely responsible to maintain the confidentiality of Your account details (including User Id, password and other information related to the security of Your account) and for all activities that occur on Your account.

It is Your responsibility to notify Testonomics immediately of any breach of security or unauthorized use of Your account. Please note that under no circumstances will Testonomics be liable for any losses caused to You or any third-party due to any unauthorized use of Your account; You shall solely be liable for all such losses, if any. If Testonomics suffers any damage, including but not limited to financial loss, due to unauthorised use of Your account, You will solely be responsible for it;

You agree to maintain and promptly update any information You provide to Testonomics while registering or during Your usage of Testonomics’s services and to keep such information accurate, current and complete;

You consent to be contacted by Us via phone calls, emails and/or SMS, regarding any update that Testonomics wishes to convey to its users, including but not limited to, availability of new offers related to different educational content.

5. A. Educational Content – General

Some of the educational content provided by Us may be paid. Before making payment to subscribe to a paid educational content, please read the product details, including content description, price, validity, etc. carefully. Please note that You will be able to access the paid content only till the mentioned date (i.e., its validity) as per the Terms & Conditions mentioned in this document. After the validity elapses, You will have no right to use the educational content.

Further, You agree and acknowledge that:

a) All educational content available through the Website, including designs, text, graphics, images, information, software, audio and other files, along with their selection and arrangement, are the proprietary property of Testonomics. You may access the educational content for Your information and personal use solely as intended through the provided functionality on the Website and as permitted under Terms & Conditions mentioned on this page.

b) You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes other than as provided herein, without the prior written consent of Testonomics.

c) No part of content available on this Website may be modified, copied, framed, distributed, republished, downloaded, reproduced, displayed, posted, scraped, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms & Conditions.

d) You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain any part of educational content.

e) You will not use or launch any automated system, including but not limited to, “robots”, “spiders”, or “offline readers” that accesses the Testonomics in a manner that sends more request messages to Testonomics’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

f) Any reviews, comments and testimonials that You post on the Website will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.

g) You will not alter or modify any part of the testonomics.in.

h) In Your use of the Website, You will at all times comply with all applicable laws and regulations.

i) Testonomics reserves the right to discontinue any aspect of the Website at any time with or without notice at its sole discretion.

 5. B. Educational Content – No Representation or Warranties

All educational content, including all Mock Test questions and solutions, images, video files and other content therein, and any other information, property and rights granted or provided to You by Testonomics are provided to You on an “as is” basis. 

Testonomics and its associates attempt to be as accurate as possible in the provision of educational content and information provided on this site. However, Testonomics does not warrant that the content of this site is accurate, complete, reliable, current or error-free.

Further, Testonomics and its associates make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. We cannot ensure that You will be happy with any products or services or educational content that You purchase from the Website or any third-party Website that links to or from the Website or third-party information, content or materials contained on Our Website. If You belong to a jurisdiction that does not allow the exclusion of implied warranties, the above exclusion may not apply to You.

We explicitly disclaim any responsibility for the accuracy, correctness, completeness, service availability or availability of information, content and educational content found on sites that link to or from the Website. 

Access and use of the Website and related Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Further, You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by various factors, including but not limited to, technical difficulties with the performance or operation of Our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures.

Testonomics does not warrant that this site, its servers, or e-mails sent from Testonomics are free of viruses or other harmful components. Testonomics will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that You may directly or indirectly suffer in connection with Your use of this Website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through this Website.

6. Your Representations and Warranties

You represent and warrant to Testonomics that Your access and use of the Website and related service will be in accordance with these Terms & Conditions and with all applicable laws, Constitution of India, other rules & regulations and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which You reside. 

7. Indemnification of Testonomics

You agree to defend, indemnify and hold harmless Testonomics and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to Your access or use of the Website, any false representation made to Us (as part of these Terms & Conditions or otherwise), Your breach of any of these Terms & Conditions, or any claim that any service We provide to You is inaccurate, inappropriate or defective in any way whatsoever.

8. Limitation on types of Damages/Limitation of Liability

Under no circumstances will Testonomics be liable to You or any third party claiming through You (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Testonomics has been advised of the possibility of such damages. Testonomics’s liability to You or any third party claiming through You for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by You to Testonomics for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

9. Termination

Testonomics may terminate Your access and use of the Website immediately at any time, for any reason deemed fit as per the discretion of Testonomics, and at such time You will have no further right to use the Website. You may terminate Your Testonomics account at any time by writing to us at support@testonomics.in. The provisions of these Terms & Conditions relating to the protection and enforcement of Testonomics’s proprietary rights, Your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

10. Proprietary Rights in Service Content and Activity Data

As between You and Testonomics, all data and information generated from Your access and use of the educational activities made available on or through the Service, including translated content generated by You (collectively, the “Activity Data”), shall be exclusively owned by Testonomics, and You shall not have any right to use such Activity Data except as expressly authorized by these Terms & Conditions. Activity Data will not include material You submit for translation or any resulting translation. By using the Service, You hereby assign to Testonomics any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Testonomics or its licensors that are not expressly granted in these Terms & Conditions are reserved to Testonomics and its licensors.

11. Trademarks

Any trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Testonomics or their respective owners. Access and use of the Service does not grant or provide You with the right or license to reproduce or otherwise use the Testonomics name or any Testonomics or third-party trademarks, service marks, graphics or logos.

12. Privacy Policy

Use of the Service is also governed by Our Privacy Policy, a copy of which is located at http://www.testonomics.in/privacy-policy. By using the Service, You consent to the terms of the Privacy Policy.

13. Cancellation and Refund Policy

Orders once placed cannot be cancelled.

We generally do not provide any refund . All payments once made will be final, unless otherwise mentioned on certain plans.

However, if You feel that You have a valid reason for a refund, We will be happy to discuss this with You to help resolve the issue in anyway We can. Any refund, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation request and mode of refund would be the same through which the original transaction was done.

14. Disputes

Any dispute relating in any way to Your use to Testonomics or to products/services You purchase through Testonomics or Your having violated or threatened to violate Testonomics’s Terms & Conditions, then the same shall be submitted to arbitration of courts in Delhi, India only.

15. Amendment

We may amend, update or modify these Terms & Conditions at any date in future. If We do this, We will post a notice on Our Website informing the users of the same for at least 07 days, after which the changes are posted and the date at which the Terms & Conditions were last revised will be reflected at the bottom of the page. Any revisions to these Terms & Conditions will become effective the earlier of (i) the end of such 07-day period or (ii) the first time You access or use this Website after such changes;

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable by the Competent Authority, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. A waiver by Testonomics or You of any provision of these Terms & Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Please continue to visit this page to be updated on any changes We make.

If You have any questions regarding the Terms & Conditions set forth here, please email Us at: support@testonomics.in with “Terms” in the subject line.

Last revised on 01 February 2021