These terms and conditions are, hereby, in between Exambyte and you [hereinafter referred to as 'you' or 'your' or 'user'].
By availing our services, you agree to be bound by the provisions of these Terms and Conditions.
By using or visiting the Exambyte Platform or any Exambyte software, data feeds, and service provided to you on, from, or through the Exambyte Platform, you signify your agreement to:
If you do not agree to any of these terms, kindly refrain from using the Exambyte Platform and Services.
The domain name, website and the app(s) are owned, registered and operated by Cocairna Agency Private Limited, incorporated under the (Indian) Companies Act, 2013, and having its registered office at:
Exambyte Private Limited, O/60, Doctor's Colony, Kankarbagh, Patna, Bihar, India, PIN - 800020 (hereinafter referred to as 'Exambyte' or ' us' or 'we' or 'our' or 'Company').
These Terms and Conditions apply to all Users of the Exambyte Platform, including educators who are also contributors of User Content on the Exambyte Platform.
The Exambyte Platform includes all aspects of the Website and Apps, which includes but is not limited to, products, software and services offered via the Exambyte Platform and any other service or application that Exambyte introduces from time to time.
You agree and acknowledge that Exambyte shall have the right, at any time, to change or discontinue any aspect or feature of the Exambyte Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use.
Further, Exambyte may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Exambyte reserves the right to refuse access to the Exambyte Platform, terminate Accounts, remove or edit contents without any prior notice to You.
Exambyte hereby grants you permission to access and use the Exambyte Platform, as set forth, in these Terms and Conditions, provided that:
You agree to receive installs and updates from time to time from Exambyte. These updates are designed to improve, enhance and further develop the Exambyte Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
You agree to receive such updates (and permit Exambyte to deliver these to you), as part of your use of the Exambyte Platform.
You agree not to use or launch any automated system, including without limitation, 'robots,' 'spiders,' or 'offline readers', that accesses the Exambyte Platform in a manner that sends more request messages to Exambyte’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Exambyte reserves the right to revoke these exceptions either generally or in specific cases at any time, with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Exambyte Platform, nor to use the communication systems provided by the Exambyte Platform (e.g., comments, email) for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any Users of the Exambyte Platform with respect to User Content.
You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not 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.
Further, you give Exambyte limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Exambyte Platform and in any of its marketing or promotional activities.
In addition to the general restrictions mentioned above, the following limitations and conditions shall apply to your use of the Content:
User Content is provided to you on an ‘As Is’ basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Exambyte Platform and as permitted under these Terms and Conditions.
You shall not download any User Content unless you see a 'download' or similar link displayed by Exambyte on the Exambyte Platform for that User Content.
You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein, without the prior written consent of Exambyte or the respective licensors of the User Content.
Exambyte and its licensors reserve all rights, not expressly granted in and to the Exambyte Platform and the User Content.
You understand that when using the Exambyte Platform, you will be exposed to User Content from a variety of sources and by different Users, and that Exambyte is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Exambyte with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless; Exambyte, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Exambyte Platform.
Any refunds that are to be processed; shall be processed in accordance with Exambyte’s Refund Policy.
When you visit the Exambyte Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically.
We will communicate with you by email or posting notices on Exambyte Platform.
You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically, satisfy any legal requirement that such communication should be in writing.
Exambyte reserves the right to decide whether User Content violates these Terms and Conditions for reasons, other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Exambyte deems fit from time to time.
Exambyte may, at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
We may suspend access to the Exambyte Platforms or require You to change Your password if we reasonably believe that the Exambyte Platform has been or is likely to be misused, and we will notify You accordingly.
Any termination of Your registration and/or Account, on the Exambyte Platform, will not affect liability previously incurred by You.
In case, any of the above-mentioned scenarios occur, Exambyte reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
We follow a 3-strike policy : 3 instances brought to our notice that are provided with all required supporting information, will lead to the educator getting banned from the Exambyte Platform.
His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked.
The detailed process is as under:
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we, as an intermediary, allow the general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on Exambyte Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
You will not, without obtaining prior written consent of Exambyte, disclose to third parties, any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Exambyte Platform.
For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Exambyte or Exambyte Platform which are not available in the public domain.
You acknowledge and agree that the Confidential Information so provided to you shall, at all time, be the property of Exambyte and any breach of the same shall cause irreparable damage to us.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless: Exambyte, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defence and indemnification obligation will survive these Terms and Conditions and your use of the Exambyte Platform.
We provide these Terms and Conditions with our Exambyte Platform so that you know what terms apply to your use.
You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them.
You agree and acknowledge that your use of the Exambyte Platform is subject to the most current version of the Terms and Conditions made available on the Exambyte Platform at the time of such use.
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions).
You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in a public forum.
Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Patna, Bihar, India.
Exambyte may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions.
Your continued use of the Exambyte Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications.
Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Any notice required to be given, in connection with the Exambyte Platform, shall be in writing and sent to the registered office of Exambyte.
We do not guarantee continuous, uninterrupted or secure access to the Exambyte Platform, and operation of the Exambyte Platform may be interfered with by numerous factors outside our control.
Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.