1. Information we collect
We collect information a number of ways including directly from you, third parties including our related companies, and publicly available sources of information. The following is what we may normally collect about you to help us provide you with our services, where we can:
a. Personal attributes, name, address, gender, date of birth, credit card and bank details, email, telephone number, and service details;
b. Information on how you use our website, including details of your domain name and Internet Protocol address, operating system, browser, cookies, time spent on a page or content, and the route you took to navigate through the pages;
c. Other data, from time to time, to help us provide you with improved products and services.
If you choose not to provide us with certain information we may not be able to provide you with a particular service.
2. Using your information
The main uses of your personal information are:
a. To verify your identity;
b. To help provide our services;
c. To administer those services, including billing;
d. To conduct credit checks;
e. To provide access to certain areas of the website;
f. To personalise your visit to our site;
g. To run competitions and games;
h. To enable us to review and improve our service;
i. To carry out market research;
j. To send you details of products and services;
k. To assist with advertising and other revenue generation functions.
3. Disclosing your information
We may disclose your personal information to organisations outside of MBAchase for the purpose of providing our services to you, including without limitation the carrying out of:
a. customer enquiries;
e. maintenance and repair services;
f. marketing and telemarketing services;
g. market research;
h. web site usage analysis
People we may disclose your personal information to include:
a. employees of MBAchase;
b. advertisers and content partners, either in an aggregate form eg. “3,000 users clicked on a banner ad” or by disclosing individual records such as IP addresses;
c. credit-reporting and fraud-checking agencies;
d. credit providers for credit related purposes;
e. our related companies;
f. our professional advisers, including our accountants, auditors and lawyers;
g. other telecommunication and information service providers;
h. government and regulatory authorities and other organisations, as required or authorised by law.
We will ensure that these people only use such information to perform the above functions, and that they have adequate procedures in place to deal with your data securely. Some of these people may be based outside India.
4. Protecting your information
We take various precautions to keep your personal information secure from unauthorized access and will store your personal information for so long as it is necessary to provide you our services or for archive purposes. You are responsible for keeping your User ID and password secure and you should not disclose them to anyone.
5. Links from this site to other sites
MBAchase is not responsible for the data and privacy policies, content or security of other websites that are linked to our site.
GENERAL TERMS AND CONDITIONS
If you are under 18 you must obtain a parent/guardian’s consent to access this site.
1. Limitation on Use
In accessing this site, you agree that you will access the content solely for your own personal use. Any other use requires the prior written permission of “www.MBAchase.com”. By using or accessing the site you agree to comply with the copyright, trademark, and all other applicable laws that govern this site. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. You will not use the site to promote, conduct or contribute to fraudulent, obscene, pornographic and/or illegal activities. You will not use the site to violate anyone’s privacy, harass or defame others, or to promote hatred towards any individual or group of people. You will not alter, modify, delete, or otherwise interfere with or in any manner compromise any content, service, advertising, or features on this site.
2. Intellectual property
This site, the material on it, the software, design, text and graphics comprised in it are owned or licensed by MBAchase, its affiliate or associated companies, and protected by copyright under the laws of India and other countries. The content on this site may not be copied, reproduced, republished, downloaded, uploaded, linked to, stored in any medium (including in any other website), distributed in any way, posted, shown or played in public, broadcast, transmitted or re-transmitted in any way. You agree not to edit, modify, adapt, reverse engineer, change in any way, alter or create any derivative work from any of the content contained in this site or streamed to you. You may view this site and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting the site. You may not use our trade marks or the name "MBAchase " or the name of any of our related companies without our prior written consent.
3. Third party sites and services
This site contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by MBAchase of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk. Some of the products and services advertised and much of the information provided via the site are the products, services and information of third parties. Such third party products, services and information are not provided or endorsed by us save where expressly stated. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services. You should check with the third party supplier whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on this site or accessible through a hyperlink. You acknowledge and consent to us receiving the fees.
This site and the information, names, moving and still images, pictures, logos and icons is provided "as is" and on an "is available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will MBAchase be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of this site.
MBAchase does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site, the server that makes it available or emails sent by us are free of viruses or bugs nor represents the full functionality, accuracy or reliability of any content. We recommend that you use up-to-date anti-virus software.
5. User ID
Some functions of this site require registration by selecting a unique user identification ("User ID") and password, and by providing certain personal information. You agree to (a) keep your password confidential and use only your own User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the site, and (c) immediately notify MBAchase of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. MBAchase will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this clause.
MBAchase is entitled to rely on your User ID as evidence of your identity and authority for the purposes of this site (including, for example, for the purpose of making payments to MBAchase using your credit card details, and for the purpose of nominating email addresses or phone numbers to which MBAchase may send billing and payment information relating to your site accounts). Other than by reference to a person's User ID, MBAchase cannot and does not verify that each person who accesses this site is in fact the person they say they are, or acts with the authority of the person whose User ID they use.
You agree that MBAchase may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account and your User ID, and remove or discard from the site any content associated with your account and User ID.
6. Communication with you
As part of some services available via this site, we may communicate with you via email, or SMS, or both, to an email address or a mobile phone number nominated by you. You are responsible for ensuring that your contact details for the service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages. You must notify MBAchase as soon as possible of any changes to your contact details for our online services.
7. Contributions to the site
By submitting any content for inclusion on this site, you represent and warrant that you have all necessary permissions to grant the licenses below to MBAchase. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the site, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution. MBAchase has the right to remove any posting or other contribution from you.
You agree, at your own expense, to indemnify, defend, and hold harmless MBAchase, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to this site, or violation of these terms and conditions by you or, when due to your cooperation or negligence, by someone else using your User ID.
9. Personal Information
10. General matters
10.2 If any of these terms and conditions are invalid or unenforceable, it/they will be struck out and the remaining terms will remain in force.
10.3 If we do not act in relation to a breach by you of these terms and conditions, this does not waive our right to act with respect to subsequent or similar breaches.
10.4 You may not assign or transfer your rights or benefits under these terms and conditions to any other person or entity without our prior consent.
10.5 MBAchase may suspend, terminate or limit your access to this site if you are in breach of these terms and conditions, in our sole discretion.
11. Acceptance of Terms
Your access to this site is subject to full acceptance of these terms and conditions.
SERVICE TERMS AND CONDITIONS
1.MBAchase is a educational service providing registered users with access over the internet to practice tests for a fee (in addition to exclusive features, audio and text interviews, news, test statistics, community forums and blogs) (the "Service").
2.MBAchase is a product owned by www.MBAchase.com (hereinafter "MBAchase"). The Service is accessible only via the official website located at www.MBAchase.com (the "Portal").
Acceptance of Terms and Conditions
3.Your use of the Service is subject to the website terms and conditions of use which can be found at (the "General Terms") (and which are deemed to be incorporated into the terms and conditions set out here) and also to the specific terms and conditions of the Service (the "Specific Terms") set out on this page (together, the "Terms"). In case of discrepancies between the General Terms and these Specific Terms, the provisions of these Specific Terms shall prevail.
4.Please note that MBAchase may add to, change or remove any part of the Terms, the Service and/or the Content (as defined in clause 24 below) at any time, without notice to you. Any changes to the Terms or any terms shown on the Portal apply as soon as they are accessible on the Internet. By continuing to use the Portal, and/or by using the Service, after any of the above changes are put in place and accessible, you accept any of these changes. These Terms were last updated on 11April, 2008. You can review the most current version of the Terms at any time at www.MBAchase.com.
5.You hereby acknowledge, understand and agree that if you do not agree with any part of the Terms or any other terms expressly specified by MBAchase in connection with a transaction (such as pricing), you shall not use the Service and should exit the Portal immediately. You further acknowledge and agree that any use of the Service by you shall constitute your acceptance of the Terms. If you violate any of the Terms, your permission to access and view the Service automatically terminates. As further set out later in these Specific Terms, MBAchase reserves its right to restrict, suspend or terminate your use of the Service or any part thereof at any time if MBAchase is of the view (in its absolute discretion) that you have breached any of the Terms.
Your Access to the Service
6.You acknowledge and agree that content such as advertisements, program or event information, service announcements and administrative messages may be included in the Service. This is part of the Service and you agree that you will not be able to opt out of receiving such content.
7.Unless expressly stated otherwise, any new features that augment or enhance the Service or are delivered through other distribution means shall be subject to the Terms.
8.You understand and agree that the Service is provided "as is" and that MBAchase does not assume any responsibility for the timeliness, misdelivery, deletion or failure to store any user correspondence, information or personalisation settings. You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or air time charges). You are solely responsible for those fees and you agree that you shall not under any circumstances seek to claim any payment or part-payment of such fees from MBAchase. In addition, you must provide and are solely responsible for all equipment required for you to access the Service.
9.You agree not to access the Service by any means other than through the interface that is provided by MBAchase for use in accessing the Service. You acknowledge and agree that you are strictly prohibited from downloading any Content whatsoever to your local computer or hardware, unless expressly stated or allowed. You also acknowledge that your right to access the Service is strictly limited to the number of hours (or other applicable parameters) specified in the subscription package you purchase from MBAchase.
10.MBAchase reserves the right to refuse your use of the Service without notice, even if you have registered to use the Service or have used the Service in the past, in any of the following cases:
If, in MBAchase' sole discretion, you have been found to have broken any of the Terms and/or infringe or are likely to infringe any intellectual property rights.
If you have included false or erroneous information (including spoofing) or omitted information in your registration for the Service.
If you have been shown to have neglected payments in the past.
At the time of application, any of the credit card companies designated by MBAchase as acceptable for the settlement of bills did not recognise use of a credit card by you on the grounds that your contract had been terminated or membership revoked.
Your name is found to be different to the name on the credit card whose details were supplied by you at the time of application, where the credit card was issued by one of the aforementioned credit card companies.
You are found to be either underage, under guardianship, or unable to act on your own account and you have not obtained the approval of the designated proxy or custodian in registering to use the Service.
For any other reason MBAchase judges you to be unsuitable for registration and/or use of the Service or any part thereof.
11. Content. It is your responsibility to ensure that you have the correct software, set-up and Internet connection to enable access to the Content, Service and the Portal. You are responsible for verifying your technical setup before purchasing any subscription packages/Content. Please note that once you have accessed any particular Content or aspect of the Service for which you have paid, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the extent of your viewing.
12. A maximum of two (2) non-exclusive, non-assignable, and non-transferable licences per user for the duration of the subscription will be granted (and must not be used simultaneously) to you for your personal use. A licence is valid only on the computer to which it was issued. The licence to view Content is provided for the duration of the Content or as long as the subscription is active. MBAchase is not responsible for loss of licences or Content under any circumstances, including but not limited to computer hardware failure or malfunction or software/operating system faults.
13.MBAchase is not responsible for the content available on any other Internet sites linked to the Portal (if relevant). You agree that any access to any other Internet sites linked to the Portal is at your own risk.
14.Any access to and use of password protected and/or secure areas of the Portal is restricted to authorised users only.Unauthorised individuals attempting to access such areas of the Portal may be subject to prosecution.
15.MBAchase will use its reasonable endeavours to ensure that the Portal is fully operational at all times. However, MBAchase cannot guarantee that the Portal will be fault free and accessible at all times. In particular, access to the Portal may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out, or the introduction of new facilities or services to the Portal.
16.Further, by using the Portal, you acknowledge and agree that the Internet uses elements and relies upon services, facilities and input which are not under the control of MBAchase and which may totally or partially prevent or delay MBAchase' performance in providing a particular service, including the Service. Such a situation will constitute a 'force majeure', and MBAchase shall be excused the performance for so long as such a situation endures.
17.In addition to the above, for the purposes of the Terms, the term 'force majeure' shall be deemed to include any cause affecting the performance by MBAchase of its obligations arising from or attributable to acts, events, omissions or accidents beyond its reasonable control and in particular, without limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, riot, civil commotion, crowd disorder, war, invasion, threat or preparation for war, fire, technical or power failure, hardware, software or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, earthquake, storm, flood, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
18.Due to rights restrictions, certain Content may not be available in certain territories. You understand and agree that certain Content will be geo-blocked and access to such Content will be restricted territorially. You may not be entitled to receive all the Content via the Service.
19.You acknowledge that whilst MBAchase will use its best endeavours to geo-target the Content territorially in accordance with all relevant rights and licences in respect of the relevant Content and the requirements of the owners of the Content, there may be some cases where the Content might be viewed by unauthorised users in restricted territories. You agree that you shall not assist any such unauthorised users to view or receive the Content or the Service in any way whatsoever and that you will report any such unauthorised usage (or any suspected unauthorised usage) immediately to MBAchase.
20.You acknowledge and agree that the duration for which the Content will be available to you will depend upon your location (such duration differing from location to location) and such duration is subject always to change at the sole discretion of MBAchase without prior notice to you and without liability to you.
21.MBAchase may add, change, discontinue, remove or suspend any Content displayed on the Portal, including any features and specifications of products and services described or depicted on the Portal, temporarily or permanently, at any time, without notice and without liability. MBAchase also reserves the right to change the format of the Content including the delivery method (e.g. Windows media version and streaming).
Content Scheduling and Pricing
22.You acknowledge and agree that MBAchase will decide in its sole and unfettered discretion which Content to stream or in any other way cover. You expressly understand that it is possible that not all content will be covered by, or available through, the Service.
23.You further acknowledge and agree that MBAchase shall decide the pricing of any and all Content in its sole discretion and all prices are subject to change without any notice to you.
Content Rights and Ownership
24.You acknowledge and agree that the video content, audio-visual content, audio content, sound, music, information, graphics, text, data, photographs, software, messages, web site design, graphics, button icons and the selection and arrangement thereof or other materials ("Content") presented to you through the Service or contained in any sponsor advertisements or service announcements are the property of MBAchase or, when relevant, the respective supplier of Content and are protected by copyright, trade marks, service marks, patents and/or other proprietary rights and laws. All software used on this site is the property of MBAchase or any supplier of software for the Portal and is protected by national as well as international copyright laws.
25.Subject always to the Terms, MBAchase grants to you a personal, non-exclusive, non-transferable and revocable licence to stream and/or view the Content for non-commercial, personal use only, solely in accordance with these Terms and provided that you also retain all copyright and other proprietary notices contained on the materials.
26.Other than for your personal and private viewing, you agree not to transmit, distribute, modify, reuse, forward, re-post, or in any way use the Content on any other website for any purpose, and further agree not to download, record, repurpose, distribute, modify, rent, lease, loan, sell, reverse engineer (other than to the extent permitted by law) or create derivative works based on the Content, in whole or in part, without MBAchase' prior express written permission.
27.You further agree that you shall not in any way circumvent technological measures employed to control access to, or the rights in, the Content and the Service or to make non-temporary copies of streamed Content that has been provided via the Service.
28.Images of people or places displayed on the Service are either the property of MBAchase or third parties. The use of these images by you, or anyone else authorised or licensed by you, is prohibited except to the extent specifically permitted by the Terms or prior express permission provided otherwise by MBAchase in writing. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and various communications regulations and statutes.
29.Where your licence with respect to certain Content is restricted to certain territories, you agree not to redistribute or in any way assist in the redistribution of the Content outside said territories.
30.You agree not to assist or permit any third parties to do any of the acts which you are prohibited from doing under these Terms.
31.You can only pay for your use of the Service using MasterCard or Visa credit cards or debit cards or PayPal (or other payment methods as may be permitted (and confirmed in writing) by MBAchase from time to time in its absolute discretion), save that payment using such debit cards will only be accepted where the card-issuing bank has authorised online payments using such card.
32.You will be charged the then-current fee for the applicable Service. All subscription and other fees and payments made by you are strictly non-refundable and non-creditable and you will not be able to cancel your subscription – accordingly, you are advised to try the free/sample Content before subscribing for the Service or purchasing any Content. You understand and agree that no refunds will be made in connection with any postponement or cancellation of events and/or change to Content contained on the Service for whatever reason. Once purchased, no subscription package can be cancelled during the duration of the package and said subscription will not expire until the end of the subscription period.
33.All price references are in INR or its equivalent in US Dollars. The various packages and prices for the Content are available at www.MBAchase.com
34.MBAchase reserves the right to change prices for its Service at any time, and MBAchase is not responsible to you for any sudden price changes, including but not limited to increasing subscription fees, requiring payment for Content that was previously free of charge or reducing or eliminating charges for Content that previously required payment (whether or not you had subscribed to such Content).
35.You agree to keep MBAchase informed of your current e-mail address and to regularly check your spam/junk mail filters for important notices about upcoming changes to the Service and the price thereof. You are responsible for contacting us via e-mail if you do not accept those changes and for the loss or misdelivery of such notices.
36.MBAchase shall not under any circumstances be liable with respect to the timing of any charges to your credit card or debit card.
37.You may be subject to taxes on your registration with and/or use of the Service, which are levied in respect of the Service. These duties and taxes plus any additional administrative charges for customs clearance must be borne by you – MBAchase has no control over these charges and cannot predict what they may be. Customs and taxation policies vary widely from country to country – you should contact your local customs or tax office for further information.
38.You agree to indemnify, defend and hold MBAchase and all of its affiliates, partners, as well as associate companies, their directors, employees, officers, licensors and licensees, information providers and partners (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and expenses), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms.
39.You agree to co-operate, at your cost, as fully as required by MBAchase in the defence of any claim. MBAchase reserves the right to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the prior written consent of MBAchase.
LIMITATION OF LIABILITY
40.MBACHASE SHALL ONLY BE LIABLE FOR DAMAGES DUE TO INTENT OR GROSS NEGLIGENCE.
41.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER MBACHASE NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PORTAL AND/OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF MBACHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAWS, THEN IN NO EVENT SHALL MBACHASE' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PORTAL AND USING THE SERVICE.
42.THE PORTAL, THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MBACHASE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, MBACHASE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, FACILITIES AND/OR CONTENT ACCESSIBLE VIA THE PORTAL ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE PORTAL WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. IN USING THE PORTAL/SERVICE, YOU HEREBY ASSUME ALL COSTS ARISING AS A RESULT OF SAID USE.
43.In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited (or if necessary deleted) to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect. In the event that any portion of the Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of MBAchase and the remainder of the provisions shall remain in full force and effect, and all provisions of the Terms which operate to protect the rights of MBAchase continue in force even in the event of termination of the Terms on other grounds.
44.MBAchase' failure to insist upon or enforce strict performance of the Terms shall not be construed as a waiver of any provision or right.
Governing Law and Jurisdiction
45.The Terms, and any dispute in connection with the use of the Service and/or Portal, the purchase of subscription packages/Content as well as any dispute in connection with or arising from contracts made between MBAchase and you, are governed by and shall be construed in accordance with the laws of India.
46.In the case of any dispute, you agree to submit to the exclusive jurisdiction of the courts of India. MBAchase shall also be at liberty to enforce its rights and to take legal action in any competent court in the defendant's domicile or any state in India.