| 1. Mindfiesta Online Model Exam Series is a series of online tests for the CBSE and GSED students of standard 10th, 11th and 12th unique chance for the students to see where they locate on a band of talents nationwide.
Mindfiesta is an Anukaanchan Solutions Private Limited (ASPL) initiative, which is an online service provider for study material and for the self-assessment of pupils of Class X to XII under the various syllabi followed in India ("the Service").
The terms and conditions set forth hereinafter are applicable to all visitors/subscribers or users of the Mindfiesta Online Model Exam Series site. The site is branded under the service mark Mindfiesta Online Model Exam Series and is designed, updated and maintained by Anukaanchan solutions Pvt Ltd (hereinafter referred to as ASPL for the sake of brevity).
ASPL holds the copyright on the site and is the exclusive proprietor of said trade mark/ service mark ‘Mind Fiesta’. Any copy and/or reproduction in any form and/or unauthorized access to any data forming part of the site will amount to infringement of copyright of ASPL resting in the website and the contents hereof.
2. Information provided on this site is on "as is" basis and/or as collected from various sources, which can be shared with subscribers on request.
3. While utmost care is taken to provide correct and up to date information, ASPL does not warrant the accuracy, completeness and timely availability of the information provided on the site and accepts no responsibility or liability for any error or omission in any information provided on the site.
4. ASPL may, at its sole discretion, change the Fee Structure at any time without prior intimation. The variables such as scholarships/discounts may not be mentioned on the site. The prices, relevant levies and other charges/schemes of scholarships/discounts given can be changed anytime without prior notice. Add-ons to the fees, such as but not limited to, taxes, duties or other levies are payable by recipients of subscription service as per the governing laws of India or foreign countries as applicable.
5. ASPL holds the rights to modify, add, delete and/or change, amend the contents, the classification and the presentation of the information/content at any time, as it may in its absolute discretion find to be expedient, without giving any notice or assigning reasons. It is the user's responsibility to refer to the currently prevalent terms and/or any change or addition to the same while accessing the site.
6. The content of the tests has been prepared by a team of subject experts from different parts of India. While designing the content and the questions, the team has referred to a number of books, question papers, study material and other resources available in the market and evaluated the same. Every effort has been made towards respecting copyright of any third party subsisting in the copyrighted material of said third parties. In case any discrepancy is reported corrective action would be taken immediately by ASPL.
7. It is clearly understood that the use of the service by the Subscriber is only for purposes of training, self-assessment and continuous improvement. It shall be the responsibility of parents of pupils to provide mature guidance to the Pupils in this regard. ASPL accepts neither the responsibility not any liability in this regard.
8. Though utmost precautions are taken, ASPL offers no warranty that the contents of the site, Mindfiesta, are free from viruses, which may infect or damage your computer system.
Acceptance of Terms and Conditions:
The use of said website of ASPL and of service provided by ASPL to subscriber is subject to the following terms and conditions:
1. The subscription is for the period specified at the time of booking the order. Without having any contractual obligation to give prior intimation regarding the expiry of the subscription, ASPL will endeavour to intimate the Subscriber about the expiry of the subscription.
2. Upon enrolling for the service of ASPL and selecting payment through online Credit Card or Debit Card as the mode of payment, Subscriber shall authorize ASPL to realize full fee for the service in advance.
3. The Site will commence service only after due realization of payment.
4. While every endeavour shall be made to start the service to the Subscriber as early as possible upon realization of the full payment, ASPL shall not be liable for any damages, should a delay inevitably occur.
5. ASPL holds the right to suspend or terminate the services at any time, in case any difficulty is encountered in realization of the full value of the fees payable.
6. The violation of any of the terms and conditions by the Subscriber shall be adequate grounds for cancellation of the service, and no liability shall befall ASPL to refund the fees already paid, either in full or in part.
7. Once the payment has been realized no refund/cancellation will be made on any ground, including non-usage of the service
8. The Subscriber shall be provided a unique User Identification name as registered Email Id and personal identification number which acknowledge the right of the Subscriber to use the services. The Subscriber is entirely responsible for maintaining the confidentiality of the Subscriber’s password and account. The Subscriber shall ensure that he/she exits from the account at the end of each session by signing out. ASPL takes no responsibility and shall stand totally indemnified by the Subscriber against any or all consequences caused by any unauthorized use of the Subscriber‘s account by a third-party.
9. The Subscriber agrees to immediately notify ASPL of any unauthorized use of the Subscriber‘s password or account or any other breach of security.
10. The Subscriber agrees to provide ASPL current, complete, and accurate registration information as prompted by the site and to maintain and update this information at all times as required to keep it current, complete and accurate.
11. All the contents of the service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the service is/are the personal opinion of such experts/consultants/persons and are not subscribed to by ASPL.
12. Subscriber shall from her/his own account be able to access the database recording her/his performance etc including performance analysis provided by way of statistical graphs and diagrams/MCQ analysis/subscription details.
13. The information on said website is provided on "AS IS" basis. ASPL, its affiliates and associates shall not be liable, at any time, for damages arising from sudden change / addition in the syllabus, testing pattern, marking pattern, announcement of exam dates/any of its contents, or from any action taken (or refrained from being taken) as a result of using the service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. The Subscriber confirms that ASPL has no responsibility or liability arising from factors including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by the service, and that no compensation whatsoever shall be payable by ASPL with regard to aforesaid factors. ASPL DOES NOT WARRANT UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE CONTINUATION OF SAID SERVICE.
14. Certain links on the service lead to resources located on servers maintained by third parties with whom ASPL has no control or connection or business or otherwise. These services are external to the site and by availing such external services, Subscriber acknowledges that the Subscriber is outside said site's web service and its channels. ASPL neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by the Subscriber’s visiting or transacting said external services.
15. ASPL holds the copyright in the aforesaid site. The Subscriber may download, view and print content from the site for lawful purposes only. No illegal, anti-social or unauthenticated use of any content available on the mindfiesta.com shall be made by subscriber or third party.
16. In addition to a normal computer system and necessary hardware, subscribers is required to have an installed working copy of web browser for a smooth access.
17. Further, the Subscriber is advised to install such other software in the Subscriber’s Computer software as demanded by the changing technologies to be able to download the contents from said site from time to time.
18. UNDER NO CIRCUMSTANCES WILL ASPL BE LIABLE TO SUBSCRIBER FOR ANY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, TIME, OPPORTUNITIES, PROFITS, OR FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT.
19. This Agreement shall be governed by the Laws of India. The Courts of law at Rajkot, Gujarat shall have exclusive jurisdiction over the parties under this Agreement. In case of any dispute arising under this agreement the parties shall refer the dispute(s)/difference(s) to the sole arbitrator appointed by ASPL under the Arbitration and Conciliation Act, 1996 at Rajkot, in the State of Gujarat. The venue for the arbitration will be at Rajkot, in the State of Gujarat.
20. These Terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
21. ASPL holds the right to add to or change/modify the terms of this Agreement. Such changes/modifications would be made by ASPL after ASPL posting them at the Site. The Subscriber shall be deemed to have accepted them if the Subscriber continues to access the Site thereafter.
22. ASPL holds the right to use Subscriber’s Information and details for its online and offline promotions so long as the Subscriber uses said sites of ASPL.
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