Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the websites, applications, software, platforms, and related services made available under the name MyExamDesk (collectively, the “Services”) by TopperGenix Technologies LLP (“we,” “us,” or “our”).

The contracting legal entity is TopperGenix Technologies LLP. The primary website and application URL for MyExamDesk is https://myexamdesk.com. You may access the Services through other domains, subdomains, applications, or hostnames operated by us; these Terms apply regardless of how you access the Services.

By accessing, registering for, or using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use the Services.

1. Eligibility and Accounts

You must have the legal capacity and authority to enter into these Terms and use the Services.

If you register or use MyExamDesk on behalf of a school, college, coaching institute, educational organization, company, or other entity, you represent that you have the authority to bind that entity to these Terms.

You are responsible for:

1. Providing accurate and complete registration information
2. Maintaining the confidentiality of your account credentials
3. Keeping your account information updated
4. All activities performed through your account
5. Immediately notifying us of any unauthorized access or suspected security breach

We reserve the right to suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

2. License and Acceptable Use

Subject to these Terms and your applicable subscription, purchase, or service agreement, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for their intended educational, examination, institutional, or business purposes.

You agree not to:

1. Use the Services for unlawful, fraudulent, or unauthorized purposes
2. Attempt to gain unauthorized access to the Services, systems, accounts, or data
3. Interfere with or disrupt the operation or security of the Services
4. Copy, reproduce, modify, distribute, sell, lease, or commercially exploit the Services except as expressly permitted
5. Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except where expressly permitted by applicable law
6. Circumvent security, access controls, subscription restrictions, or other technical limitations
7. Upload malicious code, viruses, or harmful material
8. Use automated systems to scrape, crawl, extract, or collect data from the Services without our prior written permission
9. Use the Services in violation of applicable laws or regulations
10. Misuse examination, assessment, question-bank, student, or institutional data

We may restrict or terminate access where we reasonably believe the Services are being misused or these Terms are being violated.

3. Subscriptions, Fees, and Taxes

Certain features or Services may require a paid subscription or purchase.

Subscription plans, fees, billing periods, available features, payment methods, and applicable terms will be presented at the time of purchase or specified in an applicable order, invoice, proposal, or agreement.

Unless otherwise stated:

1. Fees must be paid in accordance with the applicable billing terms
2. Fees may be subject to applicable taxes, including GST
3. You are responsible for providing accurate billing and payment information
4. Failure to make required payments may result in suspension or termination of access

We may change pricing or subscription offerings from time to time. Any changes applicable to an existing subscription will be communicated in accordance with applicable law and the terms of the relevant subscription.

4. Refunds and Cancellation

Refund and cancellation terms may vary depending on the subscription plan, product, service, applicable agreement, and applicable law.

Unless otherwise expressly stated in the applicable purchase terms or required by law, fees paid for subscriptions or Services may be non-refundable.

If you wish to request a cancellation, refund, or adjustment, please contact us using the contact details provided below. Requests will be reviewed and handled in accordance with the applicable plan terms, agreement, and applicable law.

5. Content and User Data

You may upload, submit, create, or otherwise provide content through MyExamDesk, including but not limited to:

1. Questions and question banks
2. Examination and test papers
3. Study materials
4. Images and documents
5. Course or educational content
6. Student and examination information
7. Institute or organization information
8. Other data or materials submitted through the Services

You retain ownership of content that you provide, except for rights owned by third parties or rights otherwise granted under these Terms.

You grant TopperGenix Technologies LLP a limited, non-exclusive right to host, store, process, reproduce, transmit, and display such content solely as reasonably necessary to provide, maintain, secure, and improve the Services.

You represent and warrant that you have all necessary rights, permissions, and authority to upload or provide such content and that doing so does not violate any applicable law or third-party rights.

We may remove, restrict, or disable access to content that we reasonably believe violates these Terms, applicable law, or the rights of others.

6. Examination and Educational Content

MyExamDesk may provide tools for creating, managing, conducting, evaluating, and analyzing examinations, mock tests, question banks, courses, and other educational activities.

We provide the technology and platform used to facilitate these activities. Unless expressly agreed otherwise, we do not guarantee:

1. Specific examination results or academic outcomes
2. Admission, recruitment, employment, or qualification outcomes
3. Accuracy of third-party or user-generated educational content
4. That any particular examination, question, course, or study material will produce a particular result

Institutions, educators, administrators, and other users are responsible for reviewing and validating content they create, upload, publish, or distribute through the Services.

7. Intellectual Property

The Services and their underlying technology, including software, source code, interfaces, designs, graphics, logos, trademarks, documentation, databases, features, and proprietary materials, are owned by TopperGenix Technologies LLP or its licensors and are protected by applicable intellectual property laws.

Except for the limited license expressly granted under these Terms, no ownership or other rights in the Services or our intellectual property are transferred to you.

You may not use our trademarks, logos, branding, or other intellectual property without our prior written permission, except as permitted by applicable law.

8. Third-Party Services

The Services may integrate with, rely upon, or contain links to third-party services, including payment gateways, authentication providers, analytics services, communication providers, hosting services, and other external platforms.

Third-party services are governed by their respective terms, conditions, and privacy policies.

We are not responsible for the availability, functionality, security, or practices of third-party services that we do not control.

9. Privacy

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, store, protect, and share personal information.

The Privacy Policy is available at:

https://myexamdesk.com/privacy-policy

By using the Services, you acknowledge that you have reviewed the Privacy Policy.

10. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that:

1. The Services will always be available, uninterrupted, or error-free
2. The Services will meet every specific requirement or expectation
3. All information or content available through the Services will always be complete, accurate, or current
4. Defects or errors will always be corrected immediately
5. The Services will be free from viruses or other harmful components

To the fullest extent permitted by law, we disclaim warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except where such warranties cannot legally be excluded.

11. Limitation of Liability

To the maximum extent permitted by applicable law, TopperGenix Technologies LLP, its affiliates, officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings arising from or related to your use of or inability to use the Services.

To the maximum extent permitted by applicable law, our aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of:

1. The total amount you paid to us for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. The minimum amount required by applicable law.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TopperGenix Technologies LLP, its affiliates, officers, directors, employees, contractors, and agents from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

1. Your use or misuse of the Services
2. Content or data you upload, submit, or distribute
3. Your violation of these Terms
4. Your violation of applicable laws or regulations
5. Your infringement or violation of the rights of another person or entity

13. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Services if:

1. You breach these Terms
2. You fail to pay applicable fees
3. Your use creates a security or legal risk
4. We are required to do so by law
5. The Services are discontinued or materially changed
6. We reasonably believe your account or activities may cause harm to the Services, our users, or third parties

Where reasonably practicable, we may provide notice before suspension or termination.

Upon termination, your right to access and use the Services will cease, except for provisions that by their nature should continue after termination.

14. Governing Law and Disputes

These Terms are governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles.

Subject to applicable law and any mandatory consumer protection rights, courts having jurisdiction in India shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.

15. Changes to These Terms

We may update or modify these Terms from time to time.

When changes are made, we will publish the updated Terms on this page and update the “Last Updated” date.

Where appropriate, material changes may also be communicated through the Services, by email, or through other reasonable means.

Your continued access to or use of the Services after the revised Terms become effective may constitute acceptance of the updated Terms to the extent permitted by applicable law.

16. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription, order, or service agreement, constitute the agreement between you and TopperGenix Technologies LLP concerning your use of the Services, unless a separate written agreement expressly supersedes or modifies these Terms.

18. Contact Us

For questions regarding these Terms, subscriptions, Services, or other legal matters, please contact:

TopperGenix Technologies LLP

Website: https://myexamdesk.com

Email: info@toppergenix.com

Phone: +91 8605613292

Related Document: Privacy Policy