Acceptance of Terms
Representations and Warranties
You represent and warrant that
- All of the information provided by you to Paktolus to participate in the Services is correct and current and
- You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Personal Information and Privacy
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information provided must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your user name/password combination and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Paktolus immediately. If any Services or Materials provide password-restricted access to your personal information (including, but not limited to, usage records for Materials, and performance in tests and exams) then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Paktolus’s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
Site, Materials, Services
“Materials” means all information, data, documents (e.g. pdf files, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, problems, articles, write-ups, questions, solutions, programs and products made available or enabled via the Site by Paktolus or users of this Site.
Intellectual Property; Limited License to Users; Trademark Information
Use of the Paktolus Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Use of Site and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any Paktolus server or to the Site without authorization from Paktolus, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Transmit unsolicited or bulk communications to any Paktolus account holder or to any CrackMyTest.com.com e-mail address
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others or otherwise.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Access or use the Site in any unlawful manner or any manner that could damage, disable, overburden or impair any Paktolus server or the network(s) connected to any Paktolus server.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Paktolus or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Paktolus domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Paktolus.
- Upload, post, transmit, share, store or otherwise make available any content or material that
- Contains any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers.
- We deem to be child pornography, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- In the sole judgment of Paktolus, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
- Use or attempt to use another’s account, service or system without authorization from Paktolus, or create a false identity on the Service or the Site.
- Terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted.
- Disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Paktolus deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
Use of Software
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Paktolus does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
Paktolus’s Rights to Submitted User Materials
For all of your User Materials that you post or otherwise submit to the Site, including
- comments to Communications Venues
- other information about the Site or the Services
you grant Paktolus an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Paktolus is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Paktolus shall not be liable for any failure to store User Materials on the Site at any time.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Paktolus to you as a convenience and the inclusion of the links do not imply any endorsement by Paktolus of any Linked Site. Paktolus has no control of the Linked Sites and you therefore acknowledge and agree that Paktolus is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Paktolus is not responsible for any form of transmission received from any Linked Site.
Restriction and Termination of Use
Paktolus may block, restrict, disable, suspend or terminate your access to all or part of the free Site, Services and Materials at any time in Paktolus’s sole discretion, without prior notice to you or liability to Paktolus. Specifically, after a period of inactivity, Paktolus reserves the right to disable or terminate a user’s account. If an account has been deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party.
If you violate the terms and conditions Paktolus may, at their sole discretion, block, restrict, disable, suspend or terminate the paid conditions.
Warranties and Disclaimers
- The site, services or materials will meet your requirements.
- The site, services or materials will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the site, services or materials will be effective, accurate, or reliable.
- The quality of the site or any services or materials purchased or accessible by you will meet your expectations and
- Any errors or defects in the site, services or materials will be corrected.
This site, services and materials may include technical or other mistakes, inaccuracies, or typographical errors. Paktolus may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The site, materials and services may be out of date, and Paktolus makes no commitment to update the site, materials and services. You acknowledge and agree that:
- Paktolus does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites.
- Paktolus makes no representations or warranties whatsoever about any such third parties, their materials or services.
- Any dealings you may have with such third parties are at your own risk and
- Paktolus shall not be liable or responsible for any materials or services offered by third parties.
Paktolus specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Paktolus spokespersons, and their views do not necessarily reflect those of Paktolus. To the maximum extent permitted by law, Paktolus will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Paktolus also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Paktolus’s aggregate liability shall not exceed the amount paid, if any, for the purchase of any product or service from CrackMyTest.com.
This Site can be accessed from countries around the world and may contain references to Paktolus products, services and programs that are not available in your country. These references do not imply that Paktolus intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Paktolus. If you access the Site from a location outside India, you are responsible for compliance with all local laws.
Notification of Copyright Infringement
Paktolus will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Paktolus will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or in connection with the Services or Materials, please provide notification of claimed copyright infringement to help@CrackMyTest.com. Only communications related to copyright infringement will be responded to from this email address.
Spam e-mail and Postings
Advertisements and Promotions
Paktolus may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Paktolus is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Paktolus advertisers on the Site or in connection with the Services or Materials.
Indemnity and Liability
You agree to indemnify and hold Paktolus and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- Your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)).
- Your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials).
- Your connection to the Site, Services or Materials.
- Your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials.
- Your violation of any rights of any third party.
- Your access to or use of Linked Sites and your connections thereto. or
- Any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.
CrackMyTest.com reserves the right to contact you from time to time regarding new site features, product launches, etc through e-mail, SMS, phone call, physical mail etc.
The Site may include certain services that may be available via your mobile phone, such as alerts and information. By using or registering for these the Mobile Services, you agree that we may communicate with you regarding Paktolus and other entities by SMS, MMS, text message or other electronic means to your mobile device.
You are solely responsible for your interactions with other Paktolus users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Settlement by Arbitration
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by the Paktolus whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Paktolus from its offices located at Mumbai, India. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by laws applicable to jurisdiction applicable in Mumbai. In case of any litigation it is agreed by both the parties that only courts in Mumbai will have exclusive jurisdiction to try any matter to the exclusion of all other courts.
You may also be subject to additional terms and conditions that may apply when you use other Paktolus services, third party content or third party software.
Why we collect personal information
We collect personal information from you to identify you, to ensure that we provide you with the correct feedback regarding your performance in various tests, and to help us deliver a superior educational experience. Information collected enables us to give you convenient access to our service offerings and products, and may help us tailor your educational experience.
What Information do we collect and how do we use it?
- Information you provide:
We collect information to provide more effective services. We ask for your name, email address, and other personal information when you register to use certain features of our website. We also may ask for this information at other times, such as when you enter contests or other promotions sponsored by us and/or our partners. If you use a feature that requires payment of a fee, we collect your credit card data or payment account information.
If you choose to use our invitation service to tell a friend about our site, we ask you for information to send the invitation (such as your friend’s email address). We automatically send your friend a one-time email or instant message inviting him/her to visit our site. We store this information to: send this one-time invitation, register a referral if your invitation is accepted, and track the success of our referral program. Your friend may contact us at help@CrackMyTest.com to request that we remove this information from our database.
When you use one of our paid products, we track the web pages, and information that has been accessed by you, and store it on our servers. This enables us to track items that you have completed, and those that you need to see.
We send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve our offerings, such as providing more content in areas of greater interest to a majority of users.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some of our features and services may not function properly if your cookies are disabled.
- Log information:
When you access our website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications:
When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
We may alert you by email if we update our website in a way that we believe you should know about. Email alerts are usually prompted by new features on the websites, or substantial improvements in product offerings.
- Public Forums:
When you use certain features on our website like the discussion forums and you post or share your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on our forums this information may become publicly available.
If you use a feature requiring payment of a fee, we transmit your credit card data to our bank for processing. If we encounter a problem with payment, we may review the order information with you and our bank to resolve it. We do not otherwise disclose your credit card or payment information. We do not share your email address or your personal information with third party marketers.
We offer secure pages to collect sensitive information on our order form, such as credit card information. We also use administrative, physical and technical precautions to help protect the confidentiality, security and integrity of personal information stored on our system. We host the Site at a commercial-grade data centre that employs extensive security practices. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
Other than the above mentioned sharing of data related to credit card information, we only share personal information with other companies or individuals outside of Paktolus Solutions in the following limited circumstances:
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to :
- Satisfy any applicable law, regulation, legal process or enforceable governmental request
- Detect, prevent, or otherwise address fraud, security or technical issues, or
- Protect against imminent harm to the rights, property or safety of CrackMyTest.com or Paktolus Solutions, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users subscribed to a particular product, or the number of users registered on our website. Such information does not identify you individually.
We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to our specified purposes.
How Long Do We Retain User Data?
Currently, we plan to retain user data while an account is active and for at least three years afterward. We may alter this practice according to legal and business requirements. For example, we may lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Unless otherwise prohibited, we may shorten the retention period for some types of data if needed to free up storage space.
Management of User Information:
You can access and manage your account information. You can update your usage by accessing further paid services or products, or change details such as email address, and personal information.
Your Consent to This Policy
Refund & Cancellation Policy
Since CrackMyTest.com offers non-tangible irrevocable goods/services we do not issue refunds once the order is accomplished and the access is granted. As a customer you are responsible for understanding this upon purchasing any item at our site.
However, we realize that exceptional circumstance can take place with regard to the character of the product/service we supply.
Therefore, we DO honour requests for refunds for the following reasons:
- Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to our Billing department (help@CrackMyTest.com) in writing within 7 days from the order placing date. Otherwise the product will be considered received;
- Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Technical Support Team’s approval. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered.
- Product not-as-described: such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honoured. Sample products are available for evaluation purpose at our free mocks section.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner.
If You Have a Question:
We are posting this Policy in an effort to be a good web citizen. If you have a question, please bring it to our attention at help@CrackMyTest.com or write to:
405 Anurag Business Centre,
W.T. Patil Road, Chembur (East), Mumbai-400071, India