Agreement between User and Navneet Education Ltd.
(Terms of Use)
Welcome to Navneet.com. Your access to or use of Navneet.com website and/or any sub domains thereof, including the entire website (the "Website"), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the following terms and conditions. Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us.
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Definitions
Navneet, "we", "us", "our": Navneet Education Ltd..
User, "you", "yours": anyone who accesses the Website and/or uses the Content and/or Services (as defined below)
Products: all and any products provided by Navneet on the Website, including, but not limited to, Navatar Personality Test, Navatar Contest Engine
Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, and software.
Services: all and any services provided by Navneet from the Website, including, but not limited to, your access to the Content or portions there of, your account and other features.
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Prohibited Use
You may not use the Website, its Content and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the Website, its Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Website, its Content and/or Services in any manner which could damage, disable, overburden, or impair the Website, its Content and/or Services or interfere with any other party’s use and enjoyment of Website, its Content and/or Services.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.
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Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Navneet Education Ltd. AND/OR ITS OWNERS, DIRECTORS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND AVAILABILITY.
THE CONTENT, PRODUCTS AND SERVICES, OR ANY INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS, OR BE INCOMPLETE. ADVICE RECEIVED VIA Navneet Education Ltd. WEBSITE, CONTENT AND/OR SERVICES MUST NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION. WEBSITE, CONTENT AND SERVICES ARE INTENDED TO BE USED FOR NON-HEALTH AND NON-LIFE THREATENING SITUATIONS ONLY.
Navneet MAKES NO WARRANTY THAT THE CONTENT AND/OR SERVICES ARE SUITABLE FOR ANY PARTICULAR PURPOSE INCLUDING PERSONALITY ASSESSMENT, MATCHING, COUNSELLING, PRE-EMPLOYMENT SCREENING, PREDICTING BEHAVIOURS, ABILITIES AND SKILLS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Navneet Education Ltd. AND/OR OWNERS, DIRECTORS, PARTNERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, CONTENT AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT AND/OR SERVICES, WITH PROVISION OR FAILURE TO DELIVER THE WEBSITE, CONTENT AND/OR SERVICES, FOR BREACH OF INFORMATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU PROVIDED TO Navneet Education Ltd., OR SUBMITTED VIA THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Navneet Education Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, CONTENT AND SERVICES.
IN NO EVENT WILL TOTAL LIABILITY OF Navneet Education Ltd. UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
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Restrictions
The Navatar test including their questionnaires and results, are provided free of charge only for personal non-commercial use or educational purposes. Any other use of Navatar test including any indirect commercial use such as, without limitation, instructing prospective job candidates to take Navatar test and provide results to the hiring organization or a recruitment agency as part of their recruitment process, is strictly prohibited unless agreed to in writing by Navneet. You may submit your permission inquiry to us here.
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Termination
You may terminate the Terms of Use at any time and effective immediately by discontinuing all use of the Website, Content and Services and destroying all materials you obtained from or via the Website, and any copies thereof.
Navneet Education Ltd. may terminate these Terms of Use with or without cause at any time and effective immediately. Upon receive a notice of termination from Navneet Education Ltd. , you must destroy all materials obtained from the Website and via the Services and any copies thereof.
Sections 1,2,3,6,8,9,10,11,12,13,14,15 and all other provisions of these Terms of Use which may reasonably be construed as surviving termination hereof, shall survive termination of these Terms of Use for any reason.
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Access Restriction
Navneet Education Ltd. may terminate or restrict your access to all and any part of the Website, Products and/or Services at any time, in its sole and absolute discretion, and effective immediately.
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Third Party Services
Navneet Education Ltd. may refer, advertise, and/or offer for sale, via its Website, Content or Services, certain third party services and/or products ("Third Party Services"), including, without limitation, links to other websites ("Linked Sites"), or advertisement banners presented by third parties ("Ads") that help us keep providing certain content and services free of charge. Navneet Education Ltd. has no control over the Third Party Services and over visitor’s interaction with them. Terms of use and information practices of these third parties are not covered by our policies. Navneet Education ltd. is not responsible for the content of any Linked Site or information presented on any third party Ad included on our Website. The inclusion of any link or Ad does not imply endorsement by Navneet Education Ltd. of any the Linked Sites or Ads, or any association with the operators of any of the Linked Sites.
Navneet Education Ltd. makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services, Linked Sites, and/or Ads. You will not consider Navneet Education ltd. , nor will Navneet Education ltd. be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not Navneet Education Ltd. may have received some form of revenue or other remuneration in connection with the transaction, nor shall Navneet be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.
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Modifications of These Terms of Use
Navneet Education ltd. reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to the User via the Website. You are advised to check the Terms of Use before using Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying Navneet Education ltd. that you are unwilling to accept the changes to the Terms of Use, and (b) by discontinuing your access to and use of Website, its Content and Services. Your continued access to and/or use of the Website, Content and/or Services constitutes your acceptance of these Terms of Use and any changes thereto.
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Modifications of Content and Services
Navneet Education ltd. reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, changing pricing of Products and Services, with or without notice to you, and without liability to you or any third party.
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Applicable Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Navneet as a result of this agreement or use of the Website, Content and/or Services. Navneet Education ltd. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Navneet Education ltd. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services or information provided to or gathered by Navneet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Navneet Education ltd. with respect to the Website, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Navneet Education ltd. with respect to the Website, Content and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish that this agreement and all related documents be drawn up in English.
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Intellectual Property Ownership, Copyright, Reservation of Rights
a) Navatar test and the software of these tests, and all Content of the Website are Copyright © Navneet Education ltd. or its licensors. All Rights Reserved.
b) All of the intellectual property rights in the Website and Content belong to Navneet Education ltd. or its licensors. The Products, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectually property (trade secrets and confidential information) of Navneet Education ltd. You have no intellectual property rights in the Content, the Products, the Website and any materials thereon.
c) All Content is protected by law, including without limitation the copyright laws of the India, Mumbai and other countries, and by international treaty provisions. All rights not expressly granted are reserved by Navneet Education ltd. and its licensors.
d) The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to Navneet Education ltd.
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No reverse engineering, modification, website automation or integration
a) You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of Navneet Education ltd. website Products, or any of the Content.
b) You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.
c) You shall not embed, integrate, automate usage of, Products offered on Navneet Education ltd. website, fully or partially, unless expressly permitted by Navneet Education ltd. in writing.
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Trademarks
All brand names, product names and titles used on this site are trademarks or trade names of their respective holders.
Navneet Education ltd. Navatar test are trademarks or registered trademarks of Navneet Education ltd. or its licensors, in the India, Mumbai and other countries.
Navneet Education ltd. Products use methodology, questionnaire, scoring and software that are proprietary to Navneet Education ltd.
No permission is given in respect of the use of any of the above and any brand names, product names and titles used on this site. Any such use may constitute an infringement of the holders’ rights by you.
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Indemnification
You agree to defend, indemnify and hold each of Navneet Education ltd. its subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys’ and expert witness fees, arising out of or relating to the use of the Website, Content and/or Services, and/or violation of these Terms of Use by you and/or any users of your account on the Website, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.
