Terms Governing Use of and Access to the ETS Website. This website www.toefltest.in is an internet site maintained by Educational Testing Service and its respective divisions.

This website www.ets.org (“Website“) is an internet site maintained by Educational Testing Service and its respective divisions, subsidiaries and affiliates (“ETS“, “Company” or “we”) as a service to the internet community. By using this Website, visitors and test-takers (collectively “Users” or “you”) agree to be bound by the Terms of Use of this Website (“Terms of Use“) and the ETS Privacy Policy (“Privacy Policy“). If you do not agree with the Terms of Use or with the Privacy Policy, do not use this Website.

These Terms of Use apply to you while using the Website and during your visit to the Website whether through a computer, mobile phone or other devices as well as to all information, recommendations and/or Products & Services provided to you on or through the Website. The Terms of Use are an electronic record and is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website. We may collect, process, share or transfer personal data or information of users in order to provide Products & Services (as defined hereunder) in accordance with the Privacy Policy. It is designed to provide you with control over your Personal Information (as defined in the Privacy Policy). More about the Privacy Policy.

The purpose of this Website is to provide information, educational services and communication with ETS and to enable users to request products & services (“Products & Services”). All materials are provided solely for personal and non-commercial use.

By using the Website, you agree that: (i) you will only use the Website for your personal or specified use, as the case may be, and will not resell or assign your use to a third party; (ii) you will not use an account that is subject to any rights of a person other than you without appropriate authorization; (iii) you will not use the Website for unlawful purposes and/or download an illegal/unauthorized version of the same; (iv) you will not try to harm the Website or our network in any way whatsoever; (v) you will provide us with such information and documents which we may reasonably request; (vi) you will only use an authorized network to access the Website; (vii) you are aware that when requesting Products & Services, whether by message, via the Website, standard messaging charges, data charges, voice charges, as applicable, of your and our phone network service providers, may apply; (viii) you will comply with all applicable law from your country of domicile and residence and the country, state and/or city in which you are present while using the Website; and (ix) you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder and other applicable laws.

We reserve the right to immediately terminate your access to the Website and its use thereof in the event of non-compliance with any of the above requirements. Further, we will store the information provided by you or record your calls for contacting you for all matters relating to Products & Services. You must promptly inform us of on any changes in the information provided by you.

We may provide information regarding Products & Services, other offerings, discounts, promotions (if any) provided by us or a third-party service provider to you on the Website or by way of an SMS or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time visit the specific link provided by us in this regard or contact us.

The Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models and software (the “Contents”), are the property of and ETS or its licensors/providers own all rights, title and interest in such Contents and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Third-party trademarks, including trademarks relating to Products & Services, if any, may appear on the Website and all rights in such marks are reserved with the registered owners of those trademarks. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

These Terms of Use do not convey to you any rights of ownership in or related to the Website or Products & Services, any intellectual property rights owned by ETS or any third parties. Except as otherwise expressly permitted under the Terms of Use, ETS grants to you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to use the Website and access information on the Website purposely made available solely for personal and non-commercial use, for availing Products & Services on a computer or through any other device, provided that you do not remove any proprietary notice language in all copies of such documents and make no modifications to the information, use such information only for your specified personal, noncommercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media and do not make any additional representations or warranties relating to such information. You may only download, display and print not more than three (3) copies of the Contents solely for your personal, private and noncommercial use, provided that you do not modify the Contents in any way and you keep intact all copyright, trademark and other proprietary notices.

You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Contents in any way; (ii) copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce the Website or Contents in any way;  (iii) reverse engineer or access the Website in order to design or build products or services, copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Products & Services or the Website; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Products & Services and/or the Website or Contents; (v) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Website or the Contents contained therein in any manner; (viii) attempt to gain unauthorized access to the Website, Contents or its related systems or networks; (ix) otherwise use the Contents in any manner inconsistent with the rights of ETS, including, but not limited to, use of the Contents for any commercial purpose, without the express written permission of ETS.

ETS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that ETS has the right to monitor your access to or use of the Website for ordering Products & Services, including by use of technology-based automatic tools or other mechanisms for proactive identification and removal of unlawful content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Website or Contents.

ETS Trademarks

For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.

Our Website may allow users to post, submit or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio-visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images or other content in any form (collectively “User Content”). You agree to grant to ETS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information and User Content, in any media now known or not currently known, with respect to your information, including any information that you may upload or provide to us through the Website, such as the User Content. YOU AGREE AND PERMIT ETS TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES, IN ACCORDANCE WITH THE TERMS OF THE PRIVACY POLICY AND APPLICABLE LAWS.

You hereby disclaim any right to any compensation from ETS in connection with ETS’s exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that ETS is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audio-visual material, without any restrictions whatsoever. You agree to indemnify and hold ETS harmless from all actual and incidental costs and fees associated with ETS’s defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees. ETS reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. ETS has no obligation to display or post any User Content. ETS reserves the right to disclose, at any time and from time to time, any information or User Content that ETS deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. ETS shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.

We will be entitled to enter into any tie-up in terms of joint-venture, investments or otherwise with any other institution. In any case, depending upon the modality and the mechanism as may be devised, you may be provided with the Products & Services by ETS jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up, to the extent that the same is required by applicable law. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

The Website may accept posting of User Content by you. You represent that you have obtained all permissions and consents required to post the User Content. ETS shall not be liable or response in any manner for the User Content, not does it endorse such User Content. Further, you agree that when posting User Content, you will ensure that such content complies with the content restrictions specified hereunder:

1. Publish, post, upload, distribute or disseminate any content which may be considered to be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, patently false, impersonating, harmful to children, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information;
2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy, publicity or ownership) unless you own or control the rights thereto or have received all necessary consents;
3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Application specifically allows such messages;
5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
6. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature or impersonate another person;
9. Restrict or inhibit any other user from using and enjoying the Application;
10. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content;
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
12. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
13. Violate any applicable laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

Disclaimer

The Contents are provided to you on an “as is,” “as available” basis. ETS, its affiliates, licensors/providers and their respective affiliates, subsidiaries, officers, directors, employees and agents make no representations or warranties with respect to the website, contents and privacy policy. You acknowledge, by your access to the Website, that your access of the Website and availing of Products & Services is at your sole risk, that you assume full responsibility for your access and use of the Website. ETS, to the fullest extent permitted by applicable law, hereby disclaims all warranties of any kind, express or implied, including, but not limited to, representations and warranties regarding title, accuracy, timeliness, completeness, sustainability, noninfringement, merchantability or fitness for any particular purpose. ETS assumes no responsibility for the consequences of any errors or omissions in connection with this website, the contents and Privacy Policy. In no event shall ETS be liable to you for any claim arising out of or relating to your use of this Website, any Content and the Privacy policy. It is further clarified that we shall not be responsible for your use of any unauthorized and/or illegal versions of the Website that may be unlawfully created by a third party including but not limited to the download of any unauthorized version of Website or Contents from third party website, application stores and/or any other medium.

IN NO EVENT SHALL ETS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ETS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us. ETS and its representatives, affiliates, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Website or Products & Services, or your reliance upon the Products & Services or the information contained in the Website (whether arising from the ETS or any other person’s negligence or otherwise). All images, audio, video and text on the Website are only for illustrative purposes. None of the models, actors, persons, image, audio/voice recordings or products in the images, if any is endorsing the Products & Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

Indemnity

You agree to indemnify, defend and hold harmless ETS and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this Website, or any breach or violation of the Terms of Use, Privacy Policy, other website policies or applicable law or regulation, rights of third-parties, or misuse or the Website in contravention of any other terms and conditions contained on this Website.

You will be eligible to register on or use the Website or our Products & Services only when you fulfil all of the following conditions: (i) you have attained at least 18 (eighteen) years of age; and (ii) you are competent to enter into a contract under the applicable laws, including the Indian Contract Act, 1872. We will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or any of our Products & Services that may occur by virtue of any person including a minor registering for the Website and/or requesting Products & Services.

You need not create an account to use the Website. However, you need to provide us with certain details in order to request our Products & Services. For the purposes of the same, you may need to provide us with certain personal or other data (“Data”).

1. You shall ensure that the Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Data provided by you;
2. You are solely responsible for maintaining the confidentiality of your Data and will be liable for all activities and transactions that occur;
3. It is your responsibility to check to ensure that you use the correct Website and/or application for your device. We are not liable if you do not have a compatible device or if you are unable to access our Website. We reserve the right to terminate the Service and your use of the Website should you be using the same in a manner incompatible with these Terms of Use.

You may request cancellation of Products & Services requested and/or request refunds to be granted in respect of such cancellations in accordance with our Refund & Cancellation Terms, available here.

ETS reserves the right, at its sole discretion, to modify, change, replace, suspend, block, discontinue, in part of full, the Terms of Use, Privacy Policy or any other website policies at any time. ETS also reserves the right to change, block, suspend, discontinue or restrict your use or access to the Website or any parts, features, Contents at any time, without any notice or liability.

Please check these Terms of Use periodically for changes, as we are not required to notify you of changes made to these Terms of Use. Using this Website following the posting of changes to these Terms of Use i.e., your continued use of the Website shall constitute your acceptance of the revised Terms of Use, Privacy Policy or other website policies. Your use of the Website, Contents or Products & Services is subject to the most current version of the Terms of Use, Privacy Policy or other website policies made available on the Website at the time of such use. ETS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time.

1. Notice: All notices served by ETS shall be provided via email to your account, as an SMS to your registered phone number, through mailing address or as a general notification on the Website. Any notice to be provided to the ETS should be sent to salil.sharma@etsindia.org.
2. Entire Agreement: This Terms of Use, along with the Privacy Policy, and any other website policies, guidelines made applicable to the Website from time to time, constitute the entire agreement between ETS and you with respect to your access to or use of the Website and the Products & Services thereof.
3. Conflict: In the event of any contradiction or inconsistency between these Terms of Use, Privacy Policy and any other agreement executed between you and ETS, the Terms of Use shall prevail unless the exception has been expressly agreed to.
4. Force Majeure: We shall not be liable for any failure to perform any obligations under this Terms of Use, if the performance is prevented, hindered or delayed by any event arising due to any cause beyond our reasonable control (“Force Majeure Event”) and in such case our obligations under this Terms of Use shall be suspended for so long as the Force Majeure Event continues.
5. Assignment: You cannot assign or otherwise transfer your obligations under these Terms of Use, or any right granted hereunder to any third-party. ETS’s rights under these Terms of Use are freely transferable to any third-party without the requirement of seeking your consent.
6. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, Privacy Policy or other website policies, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms of Use, Privacy Policy or such website policies shall continue in full force and effect.
7. Waiver: Any failure by ETS to enforce or exercise any provision of these Terms of Use, Privacy Policy, website policies or any related right, shall not constitute a waiver by ETS of such provision or right.
8. Relationship: You acknowledge that your participation on the Website, does not make you an employee or agency or partnership or joint venture or franchise of ETS.

ETS is committed to respecting others’ intellectual property rights, and we ask our users to do the same. ETS may, at its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to ETS’s Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on our Website;
• Your address, telephone number and email address so that we may contact you;
• A 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;
• A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ETS’s Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:

ETS
Office of the General Counsel Rosedale Road
Mail Stop 01-J
Princeton, NJ 08541 USA

A copy of the notice and supporting materials should also be submitted electronically to dmca.agent@ets.org.

We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you have any issues, you can reach out to our Grievance Officer at the below mentioned coordinates:

Name of the Grievance Officer: Salil Sharma

Contact details: salil.sharma@etsindia.org

Effective Date: 1^st April 2023.