1. SERVICES TO BE PROVIDED AND PAYMENT FOR SERVICES
A. Vidhruma (the organization that owns Test Jiffy website/app) aims at serving as an online service provider for enabling the learning of candidates by taking tests for better preparation for competitive examinations. Through this Agreement, the customer will be provided any and all the requisite services that may be necessary and booked by the customer through the website of Test Jiffy.
B. Upon the booking of services by the customer, the customer shall be required to pay the necessary fees as announced on the website at the time of booking via the payment gateway of Test Jiffy. It is to be noted by the customer that this fees is subject to cancellation policy for Test Jiffy which is in vogue at that time.C. The payment of the fee is solely for the purpose of taking the tests on Test Jiffy website for that specific program only on days and time slots as indicated on the Test Jiffy website, subject to availability, and that such payment may or may not include the fee to be payable for attending additional student support sessions or mentoring sessions with faculty. The payment for the additional student support sessions and/or mentoring sessions, where indicated shall be made in modes as suggested on Test Jiffy website/app.
2. CANCELLATION AND REFUND POLICY
It is to be noted by the customers that the cancellation and refund policy holds good only for the services by the customers through Test Jiffy.
A. Cancellation by the Customer after booking When an appointment is booked by a customer, the same is recorded in the calendar of the Priest or the Vaidika Centre, as the case may be. This means that the customer is holding a slot that is no longer available to the other customers. In the event of a customer subsequently canceling an appointment, the customer shall receive a refund of the advance fee paid, subject to a deduction by Test Jiffy. Such deduction shall be determined by the duration within which such cancellation is made. If a booking is cancelled by a customer five (5) or more days before the date of the event for which the booking is so made, the customer shall be entitled to a refund of seventy (70) percent of the advance fee paid by the customer for the booking of the service. If a booking is cancelled by a customer three (3) days but not more than five (5) days before the date of the event for which the booking is so made, the customer shall be entitled to a refund of fifty (50) percent of the advance fee paid by the customer for the booking of the service. If a booking is cancelled by a customer one (1) day but not more than three (3) days from the date of the event for which the booking is so made, the customer shall be entitled to a refund of thirty (30) percent of the advance fee paid by the customer for the booking of the service. If a booking is cancelled by a customer less than twenty-four (24) hours from the date of the event for which the booking is so made, the customer shall not be entitled to any refund of the advance fee paid for the booking of the service.
B. Cancellation by the Priest/ Vaidika Centre It is undeniable that the services provided by Test Jiffy are a human service and therefore, there may occur instances where Test Jiffy would be unable to render the requisite services due to cancellation by the Priest/ Vaidika Centre. In the event of a Priest cancelling a booking, Test Jiffy shall undertake all efforts to ensure that a replacement is found at no extra cost. However, in the event of Test Jiffy being unable to find a replacement, the full amount of the payment, minus the service fee of Rs. 118/- (One hundred and eighteen rupees only), made for booking the service shall be refunded to the customer. In the event of a Vaidika Centre cancelling a booking, Test Jiffy shall take undertake all necessary steps to find a replacement yet convenient time slot for the customer at no extra cost. In the event of inability to do so, the full amount of the payment made for booking the service, minus the service fee of Rs. 118/- (One hundred and eighteen rupees only), shall be refunded to the customer.C. Cancellation in case of Force Majeure Every effort will be made to conduct all the tests required for the preparation towards a particular competitive test/ program. In the event of occurrence of an event of Force Majeure and inability, thereby, to conduct some of the tests or all the tests, the customer shall be entitled to a refund of portion of the fee paid at the time of making the booking . For the purposes of this clause, the term ‘Force Majeure’ shall mean and include any act of God, which includes but is not limited to fire, storms, floods, earthquakes or lightning, outbreak of virus or disease; or war, hostilities, acts of terrorism, riots, civil commotions or disturbances, change in Governmental laws, orders or regulations adversely affecting or preventing due performance by any Party of its duties, obligations or responsibilities under this Agreement, embargoes, actions by a Government, central, state or overseas, or any agency thereof, sabotage, explosions; or strikes, lockouts or any other concerted industrial action; or the passing of any statute, law, rule, regulation, ordinance, notification, order, decree, bye-law, governmental directive, guidelines or any other similar form of decision restricting or prohibiting events similar to that of the proposed event; or any other acts, occurrences, events or circumstances beyond the reasonable control of the Party so affected.
3. LIABILITY LIMITS
To the fullest extent permitted by law, neither Vidhruma nor its employees shall be liable to the customer for any loss of profits or revenues, or for any inconsequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services of these terms. In no event shall Vidhruma’s aggregate liability for any damages exceed the fee paid for the purpose of making the initial payment.
Test Jiffy is dedicated to rendering the best possible services to all its customers. The website and the service are provided ‘as is’ and Test Jiffy expressly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, or that the website or the service will be uninterrupted or error-free.
5. GOVERNING LAW AND DISPUTE RESOLUTION
A. The customer agrees that all matters relating to the access to or use of this site, including disputes, shall be governed by the laws of India. The customer agrees to the personal jurisdiction by and in the venue in the courts of Bangalore, and waive any objection to such jurisdiction or venue.
B. In the event of any controversy or dispute between Vidhruma and the customer arising out of or in connection with the use of the site, the Parties shall attempt to, promptly and in good faith, resolve any such dispute. In the event of the Parties being unable to resolve such dispute within a reasonable time (not exceeding thirty (30) days), either Party may submit such controversy or dispute to arbitration.
C. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act of 1996 and any other statutory modification that may be made to it thereto or the time being in force. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties, or in the event of failure to do so, by the High Court of Karnataka. The arbitration shall be held in Bangalore and the medium for the procedure shall be English.
D. The award given by the arbitrator shall be final and binding and the cost of the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.E. The Parties are not precluded from seeking any right or remedy available to them under the applicable law for the time being in force.
6. INTELLECTUAL PROPERTY RIGHTS
A. The intellectual property rights in all software and content made available to the customer on or through this website remains the property of Vidhruma or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Test Jiffy and its licensors.
B. A customer may store, print and display the content supplied solely for personal use. However, the customer is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to the customer or which appears on this website. The customer is also not permitted to use any such content in connection with any business or commercial enterprise.C. The customer shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied through Test Jiffy website or its licensors. The name ‘Test Jiffy’ is solely owned by Vidhruma and the customer agrees to not use this name or any name that is similar without the written permission of Vidhruma.
B. Vidhruma attempts to provide accurate information on the site at all times and shall undertake all requisite steps to do the same. However, Vidhruma does not provide any guarantee on the accuracy of the information on the site. Vidhruma is specifically not responsible for any incorrect or inaccurate content posted on the website or in connection with the service, whether caused by any user of the website or by any equipment or programming associated with or utilized in the website or the service.
C. Vidhruma assumes no responsibility for any problems or technical malfunction of computer online systems, servers or providers, computer equipment, software, failure of email etc. on account of technical problems or traffic congestion on the Internet or at the website, including injury or damage to users or any other person’s computer related to or resulting from participating or downloading materials in connection with the website or in connection with the service.
D. Under no circumstances shall Vidhruma be liable for any indirect, incidental, punitive, consequential, special or exemplary damages arising out of or in connection with the access to the website or the booking of services through the same, whether or not such damages were foreseeable or whether or not the customer was advised of the possibility of such damages.
E. Vidhruma reserves the right to increase the fee for different programs from time to time. It is to be noted by the customer that the taxes so imposed and are a part of the fee may be subject to an increase or decrease subject to the changes made by the laws for the time being in force.
F. Vidhruma also reserves the right to cancel a booking or take down the website at any time. In the event of such an action, and a fees of a customer being pending, the fees paid by the customer in pursuance of the program shall be refunded in full by Test Jiffy.G. The contents of the website are constantly updated. Hence the content of the website can change without prior notice.