Web Site Terms and Conditions of Use

All references to “you” or “your” in this Terms & Conditions of use (“Terms”) are to the individuals who have an active, valid license and are availing the services offered by MeritTrac Services Private Limited (“MeritTrac”, “we”, “us”, “our”). This Terms is an agreement between you and MeritTrac, that provides your rights to the online assessments services, data or text, content, documentation, photographs, graphics and other media simulations (audio and video clips), illustrations, webinars, software and other electronic services being digital assets, that allow you to view and use content and services (“Services”) that are available via this website (“the website”) and third party websites. The words “Service” shall mean the same for all references on the website. All techniques and content (online and print) are the exclusive intellectual property of MeritTrac.

From time to time, we may update/modify these Terms to reflect new terms of understanding for the Services. Such modifications of Terms will be effective from the day when these are posted, on the website, unless stated otherwise. Your continued use of the website and the Services after changes become effective shall mean your acceptance of these changes. By accessing the website and Services, you understand and agree that we may change the website at any time, including removing, deleting or modifying any content thereon and you agree to abide by the most current version of the Terms, as revised Terms will supersede all previous Terms. If you do not choose to accept the changes to the Terms, you may cancel your access to the website and the Services as referred under termination.

Any personal information submitted by you in connection with your use of the Services is subject to our Privacy Policy (“Privacy Policy”), as specified in https://www.merittrac.com/privacy-policy. In the event of a conflict between the terms and conditions of the website and another MeritTrac website or partner website, the more specific terms and conditions shall prevail with respect to such conflict and only to website governed by such other terms of use.

You agree not to disclose, modify, reproduce, sell or distribute to any third party, any information (written or oral), including Service materials, obtained from the website in connection with MeritTrac Services. You may not use, modify, adapt, download, upload, post, publish, display, perform, transfer or redistribute any materials in any form, format or media or by any means of technology, from any materials from the website, sites linked through third party websites without the prior written consent of us or any of the licensor of the intellectual property rights in such materials. You may not also reproduce any images, illustrations, photographs, extensive text excerpts, questions used as part of the Service materials which is used on the website.

ACCESS TO THE SERVICES

You agree that the access to the Services that you obtain after registering for the assessment on the website are the access credentials (“Access Credentials”) needed to access or use the Services. These Access Credentials are confidential and provided only to you or each individual/user, only for such individual to access the Services.

To use the Services, you will need Access Credentials (username and password), you also agree that Access Credentials shall be kept confidential and any, and all activities that you subscribe. You agree to notify promptly us, of any unsolicited activity under your subscription or any breach of security. We are not liable for any loss or damages that you may incur if someone else uses your Access Credentials, with or without your knowledge. You shall be responsible for any losses suffered by us and/or any third party, arising out of unauthorised access of your Access Credentials.

We continuously improve the Services on the website and may change the Services at any time. We reserve all right to cancel or otherwise limit your access to any or all Services if we suspect fraudulent, abusive or unlawful activity that occurs under your username, account or Access Credentials or non-compliance of the Terms.

It is your responsibility to make sure that you complete the assessment within the Service validity period, as applicable to the respective assessment.

MeritTrac may, under certain circumstances and without prior notice to you, terminate or cancel your access to use of our Services. Cause for such termination shall include, but not limited to:

Breach of the Terms or other agreements or policies or guidelines of the Services offered.
Request arising due to law enforcement or regulatory authorities; or technical difficulties.

While your use and access to Services are revoked or suspended, the Terms will remain in effect with respect to other relevant provisions.

RESTRICTIONS OF USE OF WEBSITE AND ACCESS CREDENTIALS

You shall not use the Services to cause harm to others or the Service. For example, you may not:

Transfer to a third party, either temporarily or permanently, any rights to access or use the Services.
Share access to, download, modify, distribute, transmit, display, perform, publish, reproduce, sublicense, create derivative works from or sell any component of the Services.
Post or provide inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.
Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including gain unauthorised access through another person’s Access Credentials.
Damage, disable, overburden or impose an unreasonable or disproportionately large load on the website or interfere with proper working of the website or any of infrastructure of the website or the Services (or any network connected with such Services), violate the security of the website or attempt to gain unauthorised access to the website, website content, computer systems or networks connected to the Service of the website through hacking, password mining or any other means.
Interfere with or disrupt the website or servers or computer network connected to the website, not follow any requirements, procedures, policies or regulations of network connected to the website.
Use of any automated process or service (such as a bot, a spider, periodic caching of information by us, or meta-searching), data mining, malware, spyware, computer code or any other automatic device, computer program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the website or Services provided, any data or content accessed through the website without the prior consent of us.
Violate any applicable local, state, national or international law including all applicable data protection laws, regulations or other policies of the website.
Engage in any manner which otherwise diminishes the commercial value of the materials on the website.

OWNERSHIP AND RESTRICTIONS

MeritTrac and its licensors retain all ownership and intellectual property rights to the products and anything under the Services developed by MeritTrac and delivered to you under the order placement resulting from Services. You shall not:

Remove or modify any markings or any notice of MeritTrac or respective licensor’s proprietary rights.
Make the products or material resulting from the Services available in any manner to any third party for use in the third party’s business operations;
Cause or permit reverse engineering, disassemble, or de-compilation of the products/Services, reproduction or distribution or sharing the material/content to a third party is strictly prohibited.

DISRUPTION OF SERVICES

We try every effort to ensure Services are up and running, however, all online services suffer occasional disruptions and outages, and you agree that we are not liable for any disruption or loss you may suffer as a result of (i) including those available on third-party sites; (ii) any loss of materials, information or content materials provided under Services by system outages; (iii) any resultant delay, wrong delivery, non-delivery of data, transactions or any other information or materials caused by system outages, or (iv) system or Service outages caused by third parties, including without limitation, any server hosting the Services, any internet service providers, any third party sites or internet facilities or networks. The website and/or the Services may be inaccessible due to schedule and unscheduled maintenance, updates, power outages, system failure, extended downtime and other interruptions, during such period you may not be able to access our Service. We do not guarantee availability to you of the Service materials or content at all times, and we shall not be held liable for any issues relating to withdrawal of licensor content under the Services.

You agree that possibility exists that Services provided on any third-party site could include inaccuracies or errors, or information or materials that may violate these Terms. While we attempt to ensure the integrity of the Services on third party sites, we make no guarantees as to Service completeness or correctness. In the event you come across any situation, in which the Services completeness or correctness is in question, please provide us a request at info@merittrac.com (with subject line “Inaccuracies in Services on Third Party site”) with if possible, a description of Services to be checked and the location (URL), where such Services were found on our Services or third-party site in issue, as well as information sufficient for us to enable to contact you. We will make our best efforts and try to address the concern reasonably practicable.

REGISTRATION

We offer a certificate or other acknowledgements to you (as applicable), if you have successfully completed the assessment to which you have registered. MeritTrac will issue the certificate (if applicable) subject to your successful completion of the assessment. The decision whether a certificate to be awarded to you will be solely within the discretion of us. You should register with a valid personal e-mail address that you access regularly so that moderation emails can be sent to you.

You should refer to the Privacy Policy for additional details on how we handle personal information and Sensitive Personal Data /Information (SPDI).

Access to the Service, will be provided, only after the receipt of the Service fee.

USE AND DURATION OF CONTENT ACCESS

Subject to your compliance with these Terms and the law, you may access and use the Services.

Your access to and use of the Services is limited for the duration of the assessment that is specified on the website against the respective assessment that you have registered. You can reach out to the support desk by writing an email through an email at info@merittrac.com, for details about the assessments. You are required to capture the ‘name of the assessment’ in the email subject line. You shall cooperate and extend reasonable support with us to address your queries.

You will have access to the digital Service content.

By submitting the registration form, you agree to register to the Service and accept the Terms and you shall be bound by any other applicable terms, policies and guidelines issued by us or third-party content and/or service provider during the assessment.

CONTENT LICENSE AND PERMISSION

Where we provide content and materials in connection with the Services, including without limitation the tools, access to third party products and site, referred as “MeritTrac Content” or “Licensor Content” (as applicable). All the respective content remains the proprietary property of the person or licensor or entity supplying it (or their affiliates or third-party providers) and is protected, without limitation, pursuant to relevant copyright and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the “MeritTrac Content” or “Licensor Content” (as applicable), for which you have registered, solely for your personal, non-commercial, educational purpose, in accordance with the Terms associated with respective services or Services. All other uses are expressly prohibited, without our prior written consent.

We respect all copyright, intellectual property rights, privacy and defamation and other laws relating to content and information and will not entertain any violation of such laws.

All rights not expressly granted herein under these terms are retained by respective content licensors and these terms do not grant any additional licenses (express or implied) for such third party content.

We and our third-party content material suppliers or licensors (as applicable) retain all the right title and interest in and to the website and the Services, including any copyright, patents, trade secrets, trademarks and other intellectual property rights.

The Terms does not grant or imply any rights to any MeritTrac or its supplier or partner’s trademarks, trade names or logos. We retain all rights not expressly granted under these Terms and no other rights are granted.

You hereby authorize MeritTrac to use testimonials and your photographs for promotional activities.

WARRANTY

The Services, content, materials, products, and other materials made available on or through the use of the services are provided “as is” and without any warranties of any kind, either express or implied. To the fullest extent permissible, MeritTrac and its affiliates, suppliers and vendors make no warranties, express or implied, guarantees, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. Any warranties that may arise from Services of dealing Service of performance or usage of trade, MeritTrac and its suppliers, licensors and vendors do not warrant that the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the servers on which the services are hosted or any services available on any third party platform, are free of virus or other harmful components, no opinion, advice or statement of MeritTrac, its licensors, suppliers or vendors, whether through use of services or on third party platforms, or otherwise, will create any warranty. Your use of the services, including without limitation any services provided on any third-party platform, are entirely at your own risk.

INDEMNITY

You agree to indemnify, defend and hold MeritTrac, its supplier, partner, licensor and their respective officers, directors, employee, consultants, representatives harmless from and against any and all claims, liability, damages, losses, costs and expenses (including attorneys' fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third-party. Your indemnification obligation will survive the termination of these Terms and your use of the Services. MeritTrac reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MeritTrac’s defence of such claim.

LIMITATION OF LIABILITY

We, nor any of our licensors, suppliers, vendors, and their respective officers, directors, employee, consultants, representatives are responsible or liable to you or to any other person for any indirect, consequential, punitive or special damages, of any character (including without limitation, damages for loss of business, loss of data or lost profits), whether in an action in contract, tort or otherwise, negligence, strict liability or other theory, arising out of or in connection with the Services and/or materials including materials available through third-party platform submissions, any linked site or any code, product or service purchased, your unauthorised access to or alteration of your transmissions or data or confidential information, even if we have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with our Services, content and materials, including any products, products and services available through third-party deliverables, platforms or other linked websites is to stop using the Services, materials, products, or linked third party sites, as applicable. The sole and exclusive total aggregate liability of MeritTrac for all damages, losses and cause of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by you to MeritTrac for the product registered, in the twelve (12) months before the event giving rise to your claims.

No communication of any kind between you and MeritTrac or its representative constitute a waiver of any limitations of liability hereunder. We make no warranties of any kind, expressed or implied, with respect to any products or Services sold on or through the website or partner sites. Multiple claims will not increase the monetary damages limit stated herein.

THIRD PARTY SITES

The Services may contain links to third-party sites. These linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. These links are not provided as a convenience, and the inclusion of a link does not imply endorsements by us of the linked site. You are solely responsible for your interactions with the third parties. You use of third-party sites or services may be subject to third party’s terms and conditions as contained therein.

NOTICES

By using the Services on our website, you agree that we may communicate with you electronically regarding security, privacy, policy and administrative use issues relating to your use of the Services on these Terms. If we learn of a security systems breach, we may notify you electronically by posting a notice through the Services or sending an e-mail to your e-mail address specified when you signed up for the Services. Notice will be deemed to be delivered with twenty-four hours after an electronic mail has been sent on your registered valid e-mail address unless you notify us in advance that the registered e-mail address is invalid.

Any notice or other communication by you hereunder will be by email to info@merittrac.com.

GOVERNING LAW

This usage Terms/agreement and any claim or dispute arising out of, relating to or in connection with this Terms/agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of India, without giving effect to its conflicts of law principles and referred to exclusive jurisdiction of the courts of Bangalore, Karnataka, India.

SUPPORT SERVICES

For any support/queries, you may reach us or mail to info@merittrac.com All requests will be acknowledged within 48 Business Hours from the receipt of an email.

MISCELLANEOUS

These Terms and any policies applicable to your use of Services constitute the entire understanding between you and us with respect to subject matter hereof and supersede all previous written or oral agreements between the you and MeritTrac with respect of subject matter. If any of these Terms is found to be illegal, void or unenforceable, then such specific provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. A waiver of provision of these Terms may be only by a written instrument by the party entitled to such benefit of such provision. The failure of MeritTrac or any of its third-party service providers, or its licensors to act with respect to your breach or anyone else’s breach on any occasion and shall not constitute a waiver of its right to act or provision of Terms, with respect to future or similar breaches. The failure of MeritTrac to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of the state, central or local government authorities or for any reason beyond the reasonable contract of MeritTrac, shall not be deemed a breach of these Terms. The headings used in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. The Terms, together with those items made a part of these terms by reference, make up the entire agreement between us, relating to the site. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither we nor any other party to these Terms shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other party except as provided for herein or authorised in writing by the party to be bound. You agree and acknowledge that MeritTrac will be irreparably harmed by any breach of Terms by you or your unauthorised use of the website or content or Services provided herein, and further, that monetary damages may not be sufficient remedy for such harm. You agreed that we shall be entitled without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of a breach of these Terms by you or your unauthorised use of the website or website content.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

I understand that by checking the “I Agree” checkbox when prompted, I acknowledge that I have read, understood and that I agree to the Terms and conditions contained herein including Privacy Policy, and any other documents communicated from time to time.

Note that you must be 18 years of age or older to accept these terms and conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I Agree” checkbox is a representation from you that you are at least 18 years of age. If you use this site from locations other than India, you are responsible for compliance with any and all applicable local laws.

I further confirm that my responses to assessments will be solely submitted by me. I further confirm that I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.