Membership in the Service is void where proscribed. The TrueTest Service is not intended to be available to minors below the age of 14. The site and its services will also be unavailable to those users who for whatever reason are suspended or removed by the Service Provider. Users are advised to refrain from setting up more than one account per user or establishing fake accounts. Furthermore, users may not under any pretext sell, trade, or otherwise transfer their TrueTest account or any other benefit they might receive on the site, that is specific to their own membership, to any other party. Use of the TrueTest service is only allowable to users who satisfy the conditions of eligibility for the service.
3. Your Right and Obligations
Registration Details and Account Security
In consideration of your making use of the Site, you consent to (a) provide accurate, current and complete information about you as might be prompted by any registration form or forms on the Site ("Registration Details"); (b) maintain and timely update the Registration Details, and any other information that you provide to Company, to keep it accurate, current and complete; and (c) take responsibility to ensure confidentiality of your password and account, and be fully accountable for all activities that occur under your password or account with or without your knowledge.
Agreement and Warranty
With the intent of making the Site a safe and healthy place to interact, the Service Provider urges the Users to exhibit conduct that is becoming on the Site. Therefore, while using the Site, the Users represent, warrant and agree that any material (text, audio, video or otherwise) submitted through their account or otherwise posted, transmitted, or shared by them on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; nor will any material so submitted by Users contain libellous, defamatory or otherwise unlawful material.
Further, the Users agree not to use the Service or the Site to:
i. Upload or post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
ii. Post, upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes, but is not limited to using the Site to connect to people to whom you are unknown with the intent of sending them unsolicited messages without their consent; or sending messages to distribution lists, newsgroup aliases, or group aliases without requisite permissions.
iii. Gathering email addresses and/ or any contact information of other users from the Service or the Site by electronic or other means for the purposes of sending any unsolicited communication.
iv. Use the Site in a manner that might lead to or cause damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity, unless expressly permitted to do so.
v. Fallaciously state, masquerade as someone else, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
vi. Ask for personal information from anyone under the age of 18 years or solicit passwords or personally identifying information for commercial or unlawful purposes.
vii. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another.
viii. Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
ix. Put up for sale, hire out, or otherwise provide your contacts/other user’s contact information to any third party for marketing purposes.
Taking cognizance of the global nature of the Internet, the Users agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. The Users also consent to comply with all applicable laws regarding the transmission of technical data and/ or any communication imported or exported from the country of their residence.
User Content Posted on the Site
The User is solely responsible for the profiles, comments, messages, notes, text, documents, presentations, videos, animation files, online learning programs, webinars, articles, listings, and other content that they upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). The Users may not post, transmit, or share User Content on the Site that they did not create or that they do not have permission to post. The User understands and agrees that the Company may, even though it is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content at its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, or harm, or threaten the safety of users or others. The User is entirely responsible at their sole cost and expense for creating backup copies and replacing any User Content they post or store on the Site or provide to the Company. When the User posts User Content to the Site, they authorize and direct the Company to make such copies thereof as the latter deems necessary in order to facilitate the posting and storage of the User Content on the Site.
The Site or the Company does not claim any ownership of the User Content, except in those circumstances where it is expressly mentioned as content owned by the Company or the Site. The User might have the option to mark the content they upload as Private (Private Content) or allow it to be used by other users of the Site (Public Content). In case of Public Content, including but not limited to your public profile, comments, messages, notes, text, documents, presentations, videos, animation files, listings, and other content, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Public User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Public User Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Private Content) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. You may remove your User Content from the Site at any time. However, you acknowledge that in case the User Content was Public in nature the Company or Users may retain such Content in their own accounts. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private.
The User may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The Service Provider’s policy compels us to terminate Membership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to TrueTest by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a manner that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the claimed infringing material is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information to your knowledge is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may address your grievance to the following address: The Legal Department, The Next Milestone Technologies Pvt. Ltd. 121, Mastermind 1, Royal Palms, Off Aarey Milk Road, Goregaon East, Mumbai – 400 065, India.
Payments between the Users and the Service Provider will be governed by the following terms:
i. Products and/ or services offered on the Site may be offered free of charge wither as a promotional campaign or owing to any other reason. In such cases, the same will be clearly mentioned on the Site at the relevant place. In certain cases, a product or service may not be free but might be offered free because the User may be a particular category where the Service Provider may not want to charge. This too will be specifically mentioned on Site. In either or both cases, a User may be required to input a value coupon code to avail the product or service without incurring any fee or cost. Some of these products and services might be offered free on the assumption that the User is a student or from a segment where the Service Provider may want to offer the same free of charge. In the latter case, the User agrees that they will not misuse the facility and will provide authenticated details and evidence of their belonging to a segment that is so exempt from a fee or charge.
ii. The Service Provider will not ask for or store your personal financial details, whether it pertains to your credit card or debit card or any other form of payment you may be using on the Site to purchase a product or service. The Service Provider is not involved in the transaction between the User and the Payment Gateway. The Site only provides the User access to the payment gateway for the purpose of making a payment. The payments will be made directly by the User through the payment gateway, based on the details sought by the payment gateway from the User
iii. The responsibility of ensuring the correctness and confidentiality of the payment details, password, PIN number or any other requisite for making a financial transaction on the Site is that of the User. The Service Provider does not assume any responsibility in case the User shares personal financial details or details of passwords, PIN numbers and other related information with someone else.
iv. The Service Provider and the Site will never ask for or store your financial details; that transaction is between the User and the payment gateway and the Service Provider and the Site does not assume any responsibility in this regard
v. The Service Provider will only report the transactions that are generated using the Site
vi. The User agrees not to send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited emails to third parties and/ or other Users.
Communication from the Service Provider
The User consents to receive communications from the Site pertaining to the use of the Site’s Services in the form of email or text messages, including without limitation account activity notification, service updates, and reminders.
The User is responsible for their interaction with other Users or Members. The Site reserves the right, but has no obligation to monitor disputes between the User and other Users or Members.
4. Our Rights and Obligations
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to the User’s own Content (as defined below) that the User legally posts on the Site. Provided that the User is eligible for use of the Site, they are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which the User has properly gained access, provided that they keep all copyright or other proprietary notices intact. Except for the User’s own Content, the User may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
You acknowledge that the Service Provider and/ or the Site reserve the right to charge for the Site’s Services and to change its fees from time to time in its discretion. If the Service Provider terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees paid by you.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies do not govern the same. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Rights of Termination
We may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. Additionally, you agree that all terminations shall be made at the sole discretion of the Service Provider and that the Service Provider shall not be liable to you nor any third-party for any termination of your account or access to the Site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, Members and/ or Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Disclaimer of Warranties
The user understands and consents that the site is provided on an “as is” and “as available” basis and that the service provider does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. The service provider assumes no responsibility for the accuracy or existence of any communications between users. The service provider expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. the service provider makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the site or the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the site or through or from the site or the service shall create any warranty not expressly stated in this user agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
7. Limitation of Liability
The User expressly understands and agrees that The Next Milestone technologies, its sites, services, and its affiliates, officers, employees, agents, partners and licensors shall not be liable to the User or the Members for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from use of the website or any related/unrelated services and other services offered on the website from time to time.
8. Governing Law
The User Agreement between the User and The Next Milestone Technologies Pvt. Ltd. will be governed by, and construed in accordance with the laws in force in India.
The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) about the Site or its Services provided by the User to the Company are non-confidential, and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Information Sharing and Transparency
The Next Milestone Technologies Pvt. Ltd. values and promotes transparency in all its business processes and transactions. The Users, including learners, test takers, featured experts and any other entity on the Site are required to provide their authentic and complete contact information at the time of registering on the Site.
11. Refund Policy for Paid Courses
The Users agree that they are taking a particular test or assessment on the Site after due consideration and checking if the test or assessment is relevant for them. Once the test or assessment has been taken, the User agrees that there will be no refund for the same The Site may however feature courses from course providers, from time to time. In the latter case, if a course provider has specified a refund for their service on the Site, the course provider will be required to provide the refund as per their communication on the same, if a User were to express a reason for such refund being provided for such courses where prior communication on refund is mentioned on the Site.
This Agreement is accepted upon the User’s use of the Site or any of the TrueTest Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and The Next Milestone Technologies Pvt. Ltd. regarding the use of the Site and its Services. The failure of The Next Milestone Technologies Pvt. Ltd. to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right, or provision. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. TrueTest is a part of The Next Milestone Technologies Pvt. Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13. Contact Information
If you have any questions about the User Agreement, contact us at:
The Next Milestone Technologies Pvt. Ltd.
121, Mastermind 1, Royal Palms,
Off Aarey Milk Road, Goregaon East
Mumbai – 400 065, India
Phone: 022 – 28730515; 28794418