Terms and Conditions
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.
Terms Governing Use of and Access to the ETS Website
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.
(A) Conditions of 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.
(B) ETS Content
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.
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.
For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.
(C) License to User Content
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.
(D) User Content Restrictions
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:
- 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;
- 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;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Application specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- 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;
- Restrict or inhibit any other user from using and enjoying the Application;
- Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- 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;
- Violate any applicable laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
(E) Warranties, Liability & Indemnification
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.
(F) Eligibility to use the Products & Services
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”).
- 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;
- You are solely responsible for maintaining the confidentiality of your Data and will be liable for all activities and transactions that occur;
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.
(G) Links to Other Websites
- 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 firstname.lastname@example.org.
- 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.
(J) Governing Law and Jurisdiction
(K) Copyright Infringement
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:
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 email@example.com.
(L) Grievance Redressal
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: firstname.lastname@example.org
Effective Date: 1st April 2023.