Terms and Conditions
In terms of Information Technology Act, 2000, this document is an electronic record.Being generated by a computer system it does not require any physical or digital signatures.
The domain name https://gmatpoint.com (hereinafter referred to as "Website") is owned by Chaya Education Private Limited, a company registered under The Companies Act, 2013 (Hereinafter referred to as the "Company"), having its registered office at Plot No. 255, Botanical Garden Rd, Sri Ramnagar - Block B, Kondapur, Hyderabad - 500084,Telangana, India.
The use of this Website by You is solely governed by this policy and any policy so mentioned by terms of reference hereunder. Moving past the home page of the Website, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company.
For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person deemed to be a User by virtue of visiting and using the Website. The term "We", "Us", "Our" shall be construed to mean https://gmatpoint.com, and the Team behind it.
You will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, this shall be deemed as consent by You to the so amended policies.
As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
About Us: GMATPOINT is an internet based Online Test Preparation Website. GMATPOINT provides you with extensive online preparation materials for GMAT Exam, based on latest and updated syllabus. GMATPOINT also provides you with regular Online based Test Assessment to test your exam readiness along with a detailed analysis of your performance by Our team of Experts.
The Website is a platform for the User to prepare for Examinations by taking up online Tests (hereinafter to be called as 'Test') so hosted by the Website.
Any User seeking to be a member of this Website shall login through their 'Facebook' account or shall register an account using their email address.
The use of this Website is limited to those above the age of 18 and shall not be applicable to those 'Incompetent to Contract' as per the provisions of the Indian Contract Act, 1872.
The User hereby agrees to be solely responsible for protecting the confidentiality of your username and password. Any activity performed under the account shall be deemed to have been done by You. In the event You provide us with false and inaccurate details, or the Company has reasonable cause to believe You have done so, We hold the rights to permanently suspend your account with or without prior intimation.
By using this Website, it is deemed that you have consented to receiving e-mails from Us at any time on the e-mail address that has been provided by You while registering through Facebook or email. It is hereby clarified that such consent to be contacted shall include consent to be contacted for marketing and promotional mails. You may also be contacted through phone/SMS after receiving such contact details from You personally so as to market certain products to You.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by Us.In the event You wish to unsubscribe from such content, such option shall be made available to you.
The membership of this Website is free of cost and a certain number of tests shall be available on the Website, free of cost. However, for full access to the Tests provided on the Website, the User is required to Pay the amount levied by the Website in an appropriate mode prescribed. Any payment through any mode other than those prescribed by the Website shall not be accepted and the User so making payment shall not be allowed to have the access to the full Test content provided by the Website. GMATPoint Team reserves the sole right to alter the Price so levied for Test, without any prior intimation to the User. Also, on discontinuation of our Services, no sort of refund will be provided by the Website.
In addition to anything stated above, no refund will be given to students on discontinuation of services. Individual requests for refunds will be looked after on a case by case basis and the respective amount, if eligible, will be refunded within one month of receiving the cancellation request. If the refund request is deemed eligible, the below mode of refund will be followed.
- Orders paid by credit/ debit card will be refunded by credit back to the credit/ debit card within 28 working days and the refund will reflect in the next statement.
- Orders paid by net banking accounts will be credited back to bank account within 28 working days.
- For all other modes of payment, we will send a refund cheque. The cheque will be made in favor of the name as in the "billing name" provided at the time of placing the order.
Cancel and Return Policy
All the purchases and payments made are non-refundable and cancellation is not possible.
Customers are encouraged to mail the customer support (support at-the-rate gmatpoint.com) and individual requests will be looked after on a case by case basis. The respective amount, if eligible, will be refunded within one month of receiving the cancellation request. Please note that the cancellation request should be sent to the customer support (support at-the-rate gmatpoint.com) within 48 hours of placing the order.
The Website shall host the Payment Gateways provided by different Banks and shall also have the option for Internet Banking, for the purpose of Payment to be received by Users for accessing the Test contents, which could be the Intellectual Property of Third Party. The Website shall have no control over such third party user generated content as the Website shall only be an intermediary for the purpose of hosting the third party content.
You are a restricted User of this Website
- You shall not Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any Test material, information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is hereby expressly prohibited. You acknowledge and agree that by accessing or using the Website or its Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such content on the Website. Further, You may report such offensive content by sending a mail to firstname.lastname@example.org.
- The User shall not:
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation, thereby ensuring all information provided to the Website is true. Non-compliance of this requirement shall lead to immediate suspension of the account.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Website, or any other customer of the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website
- Disrupt or interfere with the security of, or otherwise cause harm to the Website,systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Violate any applicable laws or regulations for the time being in force within or outside India
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence
- Publish, post, or otherwise disseminate information that is false, inaccurate or misleading
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
- This Website contains material which is owned by Us. This material includes, but is not limited to, the design, logo, layout, look, appearance, questions, answers, reports and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property notice, which forms part of these terms and conditions
- You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on Our Website or related to us.
- You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- Intellectual Property Rights: Unless the Website has otherwise agreed, nothing herein gives the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, graphics created by and developed by the Website and other distinctive brand features of the Website are the Intellectual property of the Company / their respective owners. Furthermore, with respect to Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content from the Third Party on the Website.
You hereby represent and warrant that You have all necessary rights in and to all information you provide and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Website, services and other materials are provided by this Website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Website makes no warranty that:
- Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- tests undertaken and results so obtained shall guarantee your selection in 'Examinations';
- any errors or defects in the Website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to third party related content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. GMATPoint also disclaims all liability with respect to the misuse, loss, modification or unavailability of any content.
The User understands and agrees that tests provided by the Website, are undertaken entirely at the User's own discretion and risk and they will be solely responsible for any consequences arising from such use.
The User hereby also understands that the answers to the questions on the Website might be corrected by Us at any later time which may result in a retrospective change of Your score for those tests on the Website.
Further, We might also change the algorithm designed to calculate Your test score on the Website which may also result in a retrospective change in your test scores.
We shall not be liable for any third party product or services. The advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.
INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
Limited Time to Bring Your Claim
You and The Company agree that any cause of action arising out of or related to the Website, must necessarily commence within one (1) year after the cause of action accrues. In the event such duration is allowed to pass, such cause of action will be permanently barred.
Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by either party. In the event the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the mediator shall be. The decision of the mediator will not be binding on the parties. However, the parties in good faith shall attempt to bind by the decision.
- Stage 2: Arbitration. In the event mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration shall be carried out by a Sole Arbitrator appointed by Us. The award of the arbitrator shall be final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Telangana.
In the event of the dispute resolution mechanism failing, the matter shall be subject to Indian laws in the jurisdiction of the courts at Hyderabad.