Terms & Conditions
Commencement & Term
1. Candidate becomes eligible to undertake Online Test after registration and payment of the Exam Fee.
2. This Examination Portal is run and managed by Benevolent Software Technologies Private Limited.
3. All Payment will be taken in Online Mode in the account of Benevolent Software Technologies Private Limited's Account.
4. Examinee will get the exam close to what they will get in real examination.
5. In order to provide better user experience our Site uses Cookies therefore, examinee agrees to the terms that site will use cookies.
6. Our website delas with Question and Answers. It may be possible there may be a conflict at some occasion with respect to the correct answer due to typing error or incorrect interpretetion of the question content. In such case candidate has to bring such thing in our notice by email only.
7. By registering on our site you are covered under the terms and conditions of Benevolent Software Technologies Private Limited, registered address: Rahman Chowk, Saharsa, Bihar 852201.
Confidentiality
1. “Confidential Information” means any technical, business, client or proprietary information disclosed between the Parties, directly or indirectly, including, but not limited to, information regarding business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, and software. Further, the Benevolent Software's proprietary technology and software products and terms of this Agreement are Confidential Information.
Data security and confidentiality is our prime business concern therefore, we handle your sensitive data with utmost care. To a responsible organization, data safety is our prime concern.
2. Benevolent Software Customer representatives will not have access to Customer’s Data. If Benevolent Software Customer representative solving a problem requires to see the Customer’s actual Data it will be obfuscated as far as possible.
3. All the Benevolent Software Staff / Representative / Suppliershave have already signed confidentiality and non disclosure agreement while joining Benevolent Software Technologies Private Limited.
4. Your Debit / Credit Card number, pin, cvv will be captured on the pages of Payment Gateway and not on the Vidyagasar Online Test sites therefore, we assure you that we can never ever retain any of your card data under any circumstances.
Compliance with Laws by Members
1. Our examinee using this platform hereby agrees and declares that it shall be the sole responsibility to comply with the provisions of all the applicable govt. cyber laws, environmental laws, govt. rules and regulations and applicable taxes thereof etc. concerning or in relation to their registration and payments.
2. Benevolent Software will not be responsible if examinee doesnot keep their password safe or loose their passwords.
3. All payments by customer will be taken in Benevolent Software Technologies Private Limited account and will attract GST 18% as per norms of Govt of India.
Arbitration
1. Any and all disputes, controversies and conflicts ("Disputes") arising out of this Agreement or in connection with this Agreement or the performance or non-performance of the rights and obligations set forth herein, or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 (Arbitration Act) or any amendments thereof. Prior to submitting the Disputes to arbitration the parties shall make all endeavors to settle the dispute/s through mutual negotiation and discussions. In the event that the said dispute/s are not settled within 30 days of the arising thereof as evidenced through the first written communication from any party notifying the other regarding the disputes, the same shall finally be settled and determined by arbitration as above.
2. The place of arbitration shall be at Saharsa, Bihar and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator appointed by Benevolent Software. The parties shall bear the cost of Arbitration equally.
3. The arbitral award shall be in writing and subject to the provisions of the Arbitration and Conciliation Act, 1996 Act. The award made in pursuance thereof shall be binding upon the parties. Any appeal will be subject to the exclusive jurisdiction of courts at Saharsa.
4. Pending the submission to arbitration and thereafter, till the Arbitrator or the Arbitral Tribunal renders the award or decision, the Parties shall, except in the event of termination of this Agreement or in the event of any interim order/award is granted under the afore stated Act, continue to perform their obligations under this Agreement.
Governing Laws & Jurisdiction
1. The agreement shall be governed and construed in accordance with the Laws of India. The Parties consent to exclusive jurisdiction and venue in the courts of Madhepura, India.
2. Any dispute arising in connection with this Agreement shall be amicably settled in accordance with the laws of Arbitration of India.
Force Majeure
1. Neither of the Parties to this Agreement shall be liable or responsible for any failure to perform or delay in performance of their respective obligations hereunder, when such failure or delay is due or attributable to or arises out of, any Force Majeure event, provided a notice of occurrence of any Force Majeure event is given by the affected Party to the other Party within a period of twenty-four (24) hours of the occurrence of such Force Majeure event.
2. Software Services have strong dependency of Internet Connection. Outage of Internet Connection due to Riot or Riot like conditions, Strikes, Terrorist Attacks, Virus Outbreak, Blackout or any such thing will be considered as exception. Benevolent Software will not be responsible under such conditions.
Risks
1. Examinee / Customer has to understand that Software Services are vulnerable to the changing trends and policies and taxes. Due to changed policies of the government or changes in business model / condition may impact the business of Benevolent Software having a cascading effect on the Examinee / Customer. Under such conditions Benevolent Software will not be responsible.
2. Software services are purely based on servers located in Tier4 data centers in Noida / Chennai / Bangalore having 24x7 gigabit internet connectivity. Local internet outage may sometimes momentarily hamper the connectivity. Benevolent Software will not be responsible for any Internet outage or service unavailability due to hosting service provider's issues.
3. Benevolent Software will not be responsible for any such losses or decrease in revenue or any such issues owing to above issues.