Acceptance of Terms
Representations and Warranties
You represent and warrant that
- All of the information provided by you to Enabilon to participate in the Services is correct and current and
- You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Personal Information and Privacy
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information provided must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your user name/password combination and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Enabilon immediately. If any Services or Materials provide password-restricted access to your personal information (including, but not limited to, usage records for Materials, and performance in tests and exams) then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Enabilon's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
Site, Materials, Services
"Materials" means all information, data, documents (e.g. pdf files, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, problems, articles, write-ups, questions, solutions, programs and products made available or enabled via the Site by Enabilon or users of this Site.
Intellectual Property; Limited License to Users; Trademark Information
Enabilon grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. The rights granted to you constitute a license and not a transfer of title. The above permission does not relate to paid products and services, for which you must pay the applicable monies to Enabilon before accessing them.
Use of the Enabilon Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Use of Site and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Enabilon server or to the Site without authorization from Enabilon, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Transmit unsolicited or bulk communications to any Enabilon account holder or to any testfunda.com e-mail address
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others or otherwise.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Access or use the Site in any unlawful manner or any manner that could damage, disable, overburden or impair any Enabilon server or the network(s) connected to any Enabilon server.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Enabilon or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Enabilon domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Enabilon.
- Upload, post, transmit, share, store or otherwise make available any content or material that
- Contains any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers.
- We deem to be child pornography, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- 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.
- In the sole judgment of Enabilon, 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.
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
- Use or attempt to use another's account, service or system without authorization from Enabilon, or create a false identity on the Service or the Site.
Enabilon, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Enabilon may at any time without notice and in its sole discretion:
- Terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted.
- Disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Enabilon deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
Use of Software
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Enabilon does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
Enabilon's Rights to Submitted User Materials
For all of your User Materials that you post or otherwise submit to the Site, including
- comments to Communications Venues
- other information about the Site or the Services
you grant Enabilon an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Enabilon is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Enabilon shall not be liable for any failure to store User Materials on the Site at any time.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Enabilon to you as a convenience and the inclusion of the links do not imply any endorsement by Enabilon of any Linked Site. Enabilon has no control of the Linked Sites and you therefore acknowledge and agree that Enabilon is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Enabilon is not responsible for any form of transmission received from any Linked Site.
Restriction and Termination of Use
Enabilon may block, restrict, disable, suspend or terminate your access to all or part of the free Site, Services and Materials at any time in Enabilon's sole discretion, without prior notice to you or liability to Enabilon. Specifically, after a period of inactivity, Enabilon reserves the right to disable or terminate a user's account.
If an account has been deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party.
If you violate the terms and conditions Enabilon may, at their sole discretion, block, restrict, disable, suspend or terminate the paid conditions.
Warranties and Disclaimers
- The site, services or materials will meet your requirements.
- The site, services or materials will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the site, services or materials will be effective, accurate, or reliable.
- The quality of the site or any services or materials purchased or accessible by you will meet your expectations and
- Any errors or defects in the site, services or materials will be corrected.
This site, services and materials may include technical or other mistakes, inaccuracies, or typographical errors. Enabilon may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The site, materials and services may be out of date, and Enabilon makes no commitment to update the site, materials and services.
You acknowledge and agree that:
Enabilon does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites.
- Enabilon makes no representations or warranties whatsoever about any such third parties, their materials or services.
- Any dealings you may have with such third parties are at your own risk and
- Enabilon shall not be liable or responsible for any materials or services offered by third parties.
Enabilon specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Enabilon spokespersons, and their views do not necessarily reflect those of Enabilon. To the maximum extent permitted by law, Enabilon will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Enabilon also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Enabilon's aggregate liability shall not exceed the amount paid, if any, for the purchase of any product or service from testfunda.
This Site can be accessed from countries around the world and may contain references to Enabilon products, services and programs that are not available in your country. These references do not imply that Enabilon intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Enabilon. If you access the Site from a location outside India, you are responsible for compliance with all local laws.
Notification of Copyright Infringement
Enabilon will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Enabilon will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or in connection with the Services or Materials, please provide notification of claimed copyright infringement to email@example.com. Only communications related to copyright infringement will be responded to from this email address.
Spam e-mail and Postings
Advertisements and Promotions
Enabilon may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Enabilon is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Enabilon advertisers on the Site or in connection with the Services or Materials.
Indemnity and Liability
You agree to indemnify and hold Enabilon and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- Your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party's use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)).
- Your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials).
- Your connection to the Site, Services or Materials.
- Your infringement of any third party's Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials.
- Your violation of any rights of any third party.
- Your access to or use of Linked Sites and your connections thereto. or
- Any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.
TestFunda reserves the right to contact you from time to time regarding new site features, product launches, etc through e-mail, SMS, phone call , physical mail etc.
The Site may include certain services that may be available via your mobile phone, such as alerts and information. By using or registering for these the Mobile Services, you agree that we may communicate with you regarding Enabilon and other entities by SMS, MMS, text message or other electronic means to your mobile device.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
You are solely responsible for your interactions with other Enabilon users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Settlement by Arbitration
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Enabilon from its offices located at Mumbai, India. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by laws applicable to jurisdiction applicable in Mumbai. In case of any litigation it is agreed by both the parties that only courts in Mumbai will have exclusive jurisdiction to try any matter to the exclusion of all other courts.
You may also be subject to additional terms and conditions that may apply when you use other Enabilon services, third party content or third party software.
Why we collect personal information
We collect personal information from you to identify you, to ensure that we provide you with the correct feedback regarding your performance in various tests, and to help us deliver a superior educational experience. Information collected enables us to give you convenient access to our service offerings and products, and may help us tailor your educational experience.
What Information do we collect and how do we use it?
- Information you provide:
We collect information to provide more effective services. We ask for your name, email address, and other personal information when you register to use certain features of our website. We also may ask for this information at other times, such as when you enter contests or other promotions sponsored by us and/or our partners. If you use a feature that requires payment of a fee, we collect your credit card data or payment account information.
If you choose to use our invitation service to tell a friend about our site, we ask you for information to send the invitation (such as your friend's email address). We automatically send your friend a one-time email or instant message inviting him/her to visit our site. We store this information to: send this one-time invitation, register a referral if your invitation is accepted, and track the success of our referral program. Your friend may contact us at privacy@TESTfunda.com to request that we remove this information from our database.
When you use one of our paid products, we track the web pages, and information that has been accessed by you, and store it on our servers. This enables us to track items that you have completed, and those that you need to see.
We send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve our offerings, such as providing more content in areas of greater interest to a majority of users.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some of our features and services may not function properly if your cookies are disabled.
- Log information:
When you access our website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications:
When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
We may alert you by email if we update our website in a way that we believe you should know about. Email alerts are usually prompted by new features on the websites, or substantial improvements in product offerings.
- Public Forums:
When you use certain features on our website like the discussion forums and you post or share your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on our forums this information may become publicly available.
If use a feature requiring payment of a fee, we transmit your credit card data to our bank for processing. If we encounter a problem with payment, we may review the order information with you and our bank to resolve it. We do not otherwise disclose your credit card information. We do not share your email address or your personal information with third party marketers.
We offer secure pages to collect sensitive information on our order form, such as credit card information. We also use administrative, physical and technical precautions to help protect the confidentiality, security and integrity of personal information stored on our system. We host the Site at a commercial-grade data center that employs extensive security practices. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
Other than the above mentioned sharing of data related to credit card information, we only share personal information with other companies or individuals outside of Enabilon Learning Pvt. Ltd in the following limited circumstances:
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to :
- Satisfy any applicable law, regulation, legal process or enforceable governmental request
- Detect, prevent, or otherwise address fraud, security or technical issues, or
- Protect against imminent harm to the rights, property or safety of TESTfunda or Enabilon Learning Pvt. Limited, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users subscribed to a particular product, or the number of users registered on our website. Such information does not identify you individually.
We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to our specified purposes.
How Long Do We Retain User Data?
Currently, we plan to retain user data while an account is active and for at least three years afterward. We may alter this practice according to legal and business requirements. For example, we may lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Unless otherwise prohibited, we may shorten the retention period for some types of data if needed to free up storage space.
Management of User Information:
You can access and manage your account information. You can update your usage by accessing further paid services or products, or change details such as email address, and personal information.
Your Consent to This Policy
If You Have a Question:
We are posting this Policy in an effort to be a good web citizen. If you have a question, please bring it to our attention at privacy@TESTfunda.com or write to:
Enabilon Learning Pvt. Limited
The Summit Business Bay
415, 4th Floor, Opp Cinemax,
Andheri Kurla Road, Chakala,