Terms Of Use
“Company”; “Seshat”; “us”; “we”; “our”; “Prepkey” shall mean Seshat Technologies Private Limited, a Company registered under the Companies Act, 2013 having its registered office at B-104, Mangalya, Marol Maroshi Road, Marol, Andheri East, Mumbai 400059.
“Register/sign up” shall mean Registering/signing up to the Prepkey Website to avail the Services provided by the Prepkey Website.
“Services” shall mean and include Services of providing Test Platform, Test series, for competitive, non-competitive, school segments and various entrance examinations for students, teachers, parents, and all aspirants.
“Users” shall mean Users that visit and access the Prepkey Website and Register to avail of the Company’s Services.
“Prepkey” shall mean the Website being used, owned, and/or operated and managed by us.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Website.
1.INTRODUCTION:
Welcome to our Website (“Prepkey”). This Website is managed by Seshat Technologies Private Limited. If You (“You”) continue to browse and use this Website, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our Privacy Policy (“Privacy Policy”) govern the Website’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Website.
2.SCOPE OF SERVICES:
Prepkey is engaged in the business of providing Test Platform, Test Series for competitive, non-competitive, school segments, and various entrance examinations for students, teachers, parents, channel partners, and all aspirants and providing online test mechanism, test preparation mechanism, products, and services for various tests in the educational, professional or vocational fields. Your use of Prepkey and the Services provided by the Prepkey is at Your own discretion. We may offer one or more services based on the decision we make. We may not offer all services mentioned in this document at all times.
3.SERVICES DESCRIPTION & AVAILING SERVICES:
The Services are subject to the limitation of these Terms of Use. The Services are also subject to Prepkey ‘s Privacy Policy and Terms of Use agreed by You.
You shall be able to access demo/mock Services available on the Website, but to avail full Services You need to Register on Prepkey. You shall have an option to buy various services and/or You shall opt for services that are provided by Prepkey. Once You Register on Prepkey, You shall be eligible to book any Services subject to the realisation of payment. Prepkey shall display the price of the Services inclusive of or exclusive of all taxes by mentioning clearly. Prepkey may give discounts to some Users as decided by Prepkey from time to time. Prepkey may ask for additional proofs or documents for verification. You understand and acknowledge that it is Your responsibility to get all information about each Service before You book such Services.
Before You make payment to avail any Services provided by Prepkey, please make sure You fill in the correct data such as course, examination, date, syllabus, timing, etc.
You understand and acknowledge that practice test papers displayed on Prepkey and the actual exam test papers that You get may vary due to changed exam pattern or syllabus, timing, or any other reason that is beyond the control of Prepkey. You understand and acknowledge that Prepkey is prone to unintentional inaccuracies in content. E.g., typographical errors, improper linkages, etc.
You understand, acknowledge, and agree that You shall be solely responsible for availing such Service and Prepkey and Company shall not be responsible or liable in any manner whatsoever.
Test analytics generated by Prepkey may differ from User’s viewpoint.
Prepkey may provide space to provide reviews of Services. Prepkey may also have chat room for Users.
Prepkey shall not be liable to refund You Your booking amount in whatsoever manner. In case of any Service deficiency of Prepkey, You are not able to log in/sign in or view, You can contact the local contact of the website.
4.REGISTRATION, PASSWORD:
For Users, there is no fees to access demo/mock Services, if provided. As a guest, any viewer can navigate and browse but cannot avail any Services. For availing Services, Users have to Register. Registration can be done through email or mobile number or by any other manner as provided by Prepkey from time to time. In case you are provided the option and You login/sign in through Facebook, Google Plus, or any other such website, You authorise Prepkey to obtain and verify Your credentials with such websites. You agree that any registration information provided by You shall always be accurate, correct, and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account. You can change Your profile information and any other details that You have shared with Prepkey. You shall provide any additional information as required by the Prepkey from time -to- time. We also reserve the right to refuse registration or cancel accounts at our sole discretion.
5.ACCESS TO PREPKEY:
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Website system by Prepkey for any reason whatsoever. If You fall in the category mentioned above, You shall not be permitted to avail of the Services or use Prepkey. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Prepkey through Your legal guardian in accordance with the applicable laws.
If You are under the age of eighteen (18), it is mandatory that your parent or guardian has read and accepted the terms on Your behalf before using Prepkey.
Registration: You agree to (a) only provide accurate and current information about Yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
Termination: Prepkey reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under this Terms of Use by You.
6.MODE OF PAYMENT:
User agrees to make payment by way of credit card, debit card, net banking, or UPI or by any other mode as may be made available on Prepkey from time to time. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers.
7.CANCELLATION / REFUND POLICY:
In any case, User cannot cancel any Services already booked and Prepkey shall not give any refund.
8.CONTENT AVAILABLE:
You acknowledge that Prepkey does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of Prepkey. Under no circumstances, Prepkey is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Prepkey. You understand that by using Prepkey, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs, or due to any other reason.
9.CONTENT SUPPLIED BY YOU:
You represent, warrant, and agree that no Content/Details shared by You with Prepkey (“Your Content”), violate or infringe upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable, and non-exclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos, etc. submitted by You for providing the Services. You also grant us the right (i) to display Your Content and Details on Prepkey (ii) to promote or distribute it for the access of other Users.
You agree that You are solely responsible for Your Content made available by You through Prepkey including but not limited to any liabilities arising out of any third party infringement claims.
We reserve the right to screen, refuse to post, remove, or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain the necessary permission to post the material.
10.LINKS TO THIRD PARTY SITES:
Prepkey may contain links to other websites owned and operated by third parties who are not related to Prepkey (“Linked Websites”). The Linked Websites are not under the control of Prepkey and Prepkey is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
Prepkey provides these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Prepkey. Your link to any such Linked Website is entirely at Your own risk. Prepkey is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
Prepkey may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by the relevant advertiser, its products, or Services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or Services. Prepkey accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
11.PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use Prepkey for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:
You shall not use Prepkey or any information provided through Prepkey for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption:
You shall not use Prepkey in any manner that could disable, overburden, damage, or impair Prepkey, or interfere with any other party’s use and enjoyment of Prepkey; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on Prepkey, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:
You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incite an illegal act.
You shall not intimidate or harass another person through Prepkey; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons’ express permission to do so through Prepkey.
Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using Prepkey;
You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to Prepkey, or the computer systems or networks connected to Prepkey, through hacking password mining, or any other means.
12.USER’S COMPLAINTS:
User can contact local representative of Prepkey for any complaints.
13.DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:
You acknowledge and agree that Prepkey shall not be liable for Your interactions with any Users on Prepkey. This includes, but is not limited to, payment and Services, if any, and any other terms, conditions, warranties, or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that Prepkey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on the Prepkey, or between Users and any third party, You understand and agree that Prepkey is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, You hereby release Prepkey, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Website.
14.CHANGE IN TERMS:
Prepkey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Further, the Prepkey reserves the right to change these Terms of Use at any time by posting an updated version of the Terms of Use on Prepkey. You are responsible for regularly reviewing the Terms of Use. Continued use of Prepkey after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating Prepkey or any Content available through Prepkey, is to stop visiting and using Prepkey.
15.DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF PREPKEY AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT PREPKEY AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PREPKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH PREPKEY THE SERVICES, AND YOUR USE THEREOF. PREPKEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR PREPKEY’S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO PREPKEY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PREPKEY AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PREPKEY, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PREPKEY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PREPKEY OR THE SERVICE. PREPKEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PREPKEY OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PREPKEY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DATA RELATED TO THE CREDIT CARD, DEBIT CARD, AND NET BANKING WHICH IS USED BY THE USERS WHILE MAKING THE PAYMENT SHALL NOT BE STORED IN THE SYSTEM.
16.LIMITATION OF LIABILITY:
IN NO EVENT SHALL PREPKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF PREPKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF PREPKEY OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF PREPKEY OR THE SERVICE, FROM INABILITY TO USE PREPKEY OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF PREPKEY OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH PREPKEY OR THE SERVICES OR ANY LINKS ON PREPKEY, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS, OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH PREPKEY OR THE SERVICES OR ANY LINKS ON PREPKEY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEBSITE SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17.INDEMNIFICATION:
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Content that You submit or transmit for the Services (ii) Your violation of any rights of any other person in connection with Prepkey, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law (vi) any representation and warranties made in relation to the Services(vi) transactions (present and subsequent) between You and the Users and (vii) any violation of any laws and regulations.
18.ANTI-SPAM POLICY:
You certify that You shall use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.
19.PRIVACY POLICY:
Prepkey is committed to responsibly handling the information and data we collect through the Website in compliance with our Privacy Policy. The data provided by the Users shall be kept with the administrator of Prepkey and shall not be shared.
20.OWNERSHIP OF INTELLECTUAL PROPERTY :
Prepkey and all the rights including but not limited to intellectual property rights subsisting under or in relation to Prepkey are owned by the Company and its affiliates, subsidiaries, licensors, Users as the case may be. Prepkey respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Website that violates another person’s proprietary rights.
If You believe that Prepkey contains elements that infringe Your intellectual property rights in Your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content that is indicated as infringing and/or take any other appropriate action at our discretion.
Prepkey shall have ownership of the copyright for Content provided by Users in the form of answers to questions of test series, doubt raised, answers on discussion forum, etc, and also for testimonials, reviews, and feedback given by Users. Prepkey shall have the right to publish testimonials, reviews, and feedback given by Users along with his/her name and photo.
Prepkey shall have exclusive copyright over content provided on Prepkey.
All materials on Prepkey, including but not limited to test series, study material, audio, images, software, text, icons, and such like (the “Website Content”), are protected by copyright under the copyright laws. You cannot use Prepkey Content, except as specified herein.
There may be proprietary logos, service marks, and trademarks found on the Prepkey whether owned/used by Us or otherwise. By displaying them on the Prepkey, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of Prepkey Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
21.TERMINATION:
If You wish to terminate this Agreement, You may immediately stop accessing or using the Services. Your right to access and use Prepkey terminates automatically upon Your material breach of any of the terms of these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity, and the jurisdiction and applicable law provisions shall survive any termination.
22.MISCELLANEOUS TERMS:
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
FORCE MAJEURE: Without limiting the foregoing, under no circumstances shall Prepkey be held liable for any damage or loss due to deficiency in the performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, power failures, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of Prepkey.
No waiver: Prepkey’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and Prepkey as a result of these Terms of Use or from Your use of Prepkey or the Services.
Entire Agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and Prepkey relating to this subject matter and supersede any and all prior communications and/or agreements between You and Prepkey relating to this subject matter.