Welcome to TESTWILL's terms and conditions. These terms and conditions (“Terms and Conditions”), are between TESTWILL and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.TESTWILL.com (“Website”) and/or our app TESTWILL (“Apps”), Website and Apps together shall be referred to as TESTWILL Platform”, you agree to be bound by the provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on TESTWILL Platform as they shall govern your use of the TESTWILL Platform. By using or visiting the TESTWILL Platform or any TESTWILL software, data feeds, and service provided to you on, from, or through the TESTWILL Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) TESTWILL’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the TESTWILL Platform.

About TESTWILL
The domain name, Website and the Apps are owned, registered, and operated by CAREERWILL Information Centre Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at KH no. 542 Left Portion 3rd Floor, No. 273, New 273 A, Old 42-A Kingsway Camp, Radio Colony Village Dhaka, North Delhi, Delhi- 110009, (hereinafter referred to as “TESTWILL” or “ us” or “we” or “our” or “Company”).

TESTWILL Platform
1.    1. These Terms and Conditions apply to all Users of the TESTWILL Platform. The TESTWILL Platform includes all aspects of the Website and Apps which includes but is not limited to products, software, and service offered via the TESTWILL Platform, such as the TESTWILL website and TESTWILL app, and any other service or application that TESTWILL introduces from time to time.
2.    2. TESTWILL Platform is an online platform that provides educational videos/or tutorials, by the TESTWILL faculties of the TESTWILL Platform and acts as an intermediary between the educator and the faculty. Content uploaded through the use of the TESTWILL Platform shall hereinafter be referred to as “TESTWILL Content”. You agree and acknowledge that TESTWILL has complete control over and assumes responsibility for, the TESTWILL Content.
3.    3. Subject to these Terms and Conditions, Privacy Policy, and all other rules and policies made available or published elsewhere, TESTWILL hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the TESTWILL Platform in accordance with these Terms and Conditions.
4.    4. You agree and acknowledge that TESTWILL shall have the right at any time to change or discontinue any aspect or feature of the TESTWILL Platform, including, but not limited to, the TESTWILL Content, hours of availability, and equipment needed for access or use. Further, TESTWILL may discontinue disseminating any portion of information or category of information that may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. TESTWILL reserves the right to refuse access to the TESTWILL Platform, terminate Accounts, remove or edit contents without any notice to You.

TESTWILL Accounts
In order to access some of the features of the TESTWILL Platform, you may have to create your account with TESTWILL. You agree and confirm that you will never use another User’s account nor provide access to your account to any third party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify TESTWILL immediately of any breach of security or unauthorized use of your account. At no point in time will TESTWILL be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to TESTWILL or others due to such unauthorized use if any. TESTWILL takes full responsibility for all TESTWILL Content that is uploaded on the TESTWILL Platform, and further, TESTWILL shall be responsible for teacher’s actions in utilizing such TESTWILL Content and availing the TESTWILL Platform provided herein.

Access, Permissions, and Restrictions
TESTWILL hereby grants you permission to access and use the TESTWILL Platform as set forth in these Terms and Conditions, provided that:
•    1. You agree not to distribute in any medium any part of the TESTWILL Platform or the content without TESTWILL’s prior written authorization.
•    2. You agree not to alter or modify any part of the TESTWILL Platform.
•    3. You agree not to access the content of any other User through any technology or means other than the video playback pages of the TESTWILL Platform itself.
•    4. You agree not to use the TESTWILL Platform for any of the following commercial uses unless you obtain TESTWILL’s prior written approval.
1.    ● The sale of access to the TESTWILL Platform.
2.    ● The sale of advertising, sponsorships, or promotions placed on or within the TESTWILL Platform or content.
3.    ● The sale of advertising, sponsorships, or promotions on any page or website that provides a similar TESTWILL Platform as that of TESTWILL.
•    1. You agree to receive installs and updates from time to time from TESTWILL. These updates are designed to improve, enhance and further develop the TESTWILL Platform and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit TESTWILL to deliver these to you) as part of your use of the TESTWILL Platform.
•    2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the TESTWILL Platform in a manner that sends more request messages to TESTWILL’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TESTWILL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TESTWILL reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the TESTWILL Platform, nor to use the communication systems provided by the TESTWILL Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the TESTWILL Platform with respect to TESTWILL content.
•    3. You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, teachers give TESTWILL a limited, royalty-free, worldwide, exclusive license to use the TESTWILL Content and communication in developing its TESTWILL Platform and in any of its marketing or promotional activities.
•    4. In your use of the TESTWILL Platform, you will at all times comply with all applicable laws and regulations.
•    5. TESTWILL reserves the right to discontinue any aspect of the TESTWILL Platform at any time with or without notice at its sole discretion.

Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
•    1. TESTWILL Content utilized on the TESTWILL Platform which shall include but not be limited to trademarks, service marks, and logos (“Marks”), processes, images, software, graphics are owned by or licensed to TESTWILL and subject to copyright and other intellectual property rights under the law.
•    2. TESTWILL Content is provided to you on an AS-IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the TESTWILL Platform and as permitted under these Terms and Conditions. You shall not download any TESTWILL Content unless you see a “download” or similar link displayed by TESTWILL on the TESTWILL Platform for that TESTWILL Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any TESTWILL Content for any other purposes other than as provided herein without the prior written consent of TESTWILL or the respective licensors of the TESTWILL Content. TESTWILL and its licensors reserve all rights not expressly granted in and to the TESTWILL Platform and the TESTWILL Content.
•    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the TESTWILL Platform or features that prevent or restrict use or copying of any TESTWILL Content or enforce limitations on use of the TESTWILL Platform or the TESTWILL Content therein.
•    4. You understand that when using the TESTWILL Platform, you will learn from the best faculties and that TESTWILL is responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such TESTWILL Content.

TESTWILL Intellectual Property Right
The TESTWILL Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork, and computer code on the TESTWILL Platform is owned and controlled by TESTWILL and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include TESTWILL content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, TESTWILL owns all IPR to and into the trademark “TESTWILL”, and “TESTWILL App”
The mark “ TESTWILL” is the sole property of TESTWILL. Reproduction in whole or in part of the same is strictly prohibited unless used with express written permission from TESTWILL.

I. Refunds
Any refunds that are to be processed shall be processed in accordance with TESTWILL’s refund policy.

Electronic Communication
When you visit TESTWILL Platform or send an email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the TESTWILL Platform. You agree that all agreements, notices, disclosures, disclaimers, offers, and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

Termination of Account
•    1. TESTWILL will terminate a Users access to the TESTWILL Platform, if
1.    1. The User is a repeat copyright infringer.
2.    2. The Users breaches any terms of these Terms and Conditions.
3.    3. Violation of any applicable laws.
4.    4. Your use of the TESTWILL Platform disrupts our business operations or affects any other party/ User.
5.    5. You have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against TESTWILL.
•    2. TESTWILL reserves the right to decide whether TESTWILL Content violates these Terms and Conditions for reasons other than copyright infringement, such as but not limited to, pornography, obscenity, or excessive length, or any other parameter that TESTWILL deems fit from time to time. TESTWILL may at any time, without prior notice and in its sole discretion, remove such TESTWILL content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
•    3. We may suspend access to the TESTWILL Platforms or require You to change Your password if we reasonably believe that the TESTWILL Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the TESTWILL Platforms will not affect liability previously incurred by You.

Copyright Infringement
•    1. TESTWILL operates a clear copyright policy in relation to any TESTWILL Content alleged to infringe the copyright of a third party.
•    2. As part of TESTWILL's copyright policy, TESTWILL will terminate User access to the TESTWILL Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
•    3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
•    4. Notice of Copyright Infringement:
1.    1. Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the TESTWILL content uploaded on TESTWILL Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
1.    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2.    2. A description of the copyrighted work that you claim has been infringed upon.
3.    3. A description of where the material that you claim is infringing is located on the TESTWILL Platform, including the educator name, topic and any other detail identifying the infringing content.
4.    4. Your email address, your physical address and telephone number.
•    5. 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.
•    6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Email us at info@testwill.com or copyright@testwill.com

1. Our policy to deal with Copyright infringements
We follow a 3-strike policy- Three instances brought to our notice that are provided with all required supporting information will lead to the educator getting banned from the TESTWILL Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under.
1.    1. First case of violation - The infringing TESTWILL content is taken down and educator is given a warning and is suspended for a week from making any new courses.
2.    2. Second case of violation - The educator is suspended from making any more videos on the TESTWILL Platform for a month and all TESTWILL content that amount to copyright violations are brought down immediately.
3.    3. Third violation - The educator is banned from the TESTWILL Platform and will be unable to make any more courses in the future.

Confidentiality
You will not without obtaining the prior written consent of TESTWILL, disclose to a third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the TESTWILL Platform.
For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to TESTWILL or TESTWILL Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of TESTWILL and any breach of the same shall cause irreparable damage to us.

Disclaimer
YOU AGREE THAT YOUR USE OF THE TESTWILL PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTWILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TESTWILL PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTWILL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TESTWILL CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF TESTWILL content OR ANY CONTENT ON TESTWILL, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TESTWILL PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TESTWILL PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TESTWILL PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY TESTWILL content OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY TESTWILL content OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TESTWILL PLATFORM. TESTWILL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY TESTWILL content OR TESTWILL PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TESTWILL PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TESTWILL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF TESTWILL content OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TESTWILL , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF TESTWILL content OR ANY OTHER CONTENT AVAILABLE AT TESTWILL , (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR TESTWILL PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TESTWILL PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR TESTWILL PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY TESTWILL CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TESTWILL PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TESTWILL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, TESTWILL LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE TESTWILL PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT TESTWILL SHALL NOT BE LIABLE FOR TESTWILL CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE TESTWILL PLATFORM IS CONTROLLED AND OFFERED BY TESTWILL FROM ITS FACILITIES IN INDIA. TESTWILL MAKES NO REPRESENTATIONS THAT THE TESTWILL PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE TESTWILL PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TESTWILL, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TESTWILL Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your TESTWILL content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the TESTWILL Platform.

Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the TESTWILL Platform.
TESTWILL reserves the right to refuse access to use the TESTWILL Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our TESTWILL Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the TESTWILL Platform is subject to the most current version of the Terms and Conditions made available on the TESTWILL Platform at the time of such use.

Force Majeure
TESTWILL shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

Information Technology Act
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and terms and conditions for access or usage of the TESTWILL Platform.
You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually-oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in a public forum. Your failure to comply with these terms may result in the removal of your postings without prior notice to the User. The IP address of all posts is recorded to aid in enforcing these conditions.

Other Laws
Certain laws require to maintain data with respect to the TESTWILL Platform and other personal information in a prescribed format and TESTWILL will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.

Modification, Amendment, or Termination
TESTWILL may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the TESTWILL Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

General
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the TESTWILL Platform shall be in writing and sent to the registered office of TESTWILL. We do not guarantee continuous, uninterrupted or secure access to the TESTWILL Platform, and operation of the TESTWILL Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.