Terms of Use for ohmyexams.com

Terms and Conditions

Please read the following terms and conditions very carefully as your use of our search engine and other services is subject to your acceptance of and compliance with the terms and conditions (thereafter the "Terms") as well as the User Rules.

1. Introduction
ohmyexams.com is a website that offers a free search engine service, and various other secondary services, for example advertising, news discovery and blogs. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services. Without limiting the above, we may ask you to accept any or all of the Terms when you first subscribe to or use a service. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

2. Interpretation
In the Terms
2.1 The singular includes the plural and vice versa;
2.2 Hyperlinks, which are not operational, will not in any way detract from the validity   and interpretation of the Terms;
2.3 Account means your subscription account for use of our Service;
2.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and applications;
2.5 Privacy Policy means our privacy policy, which is set out in clause 27 below;
2.6 Service or Services means any content, product, software, downloads, website or other service which we may provide from time to time including (without limitation) the services described in these Terms; access to resources, provision of communications tools, forums, shopping services, search services, personalized content and branded programming;
2.7 Service Charges means our charges for Services as determined by us from time to time.
2.8 ohmyexams.com means the website which is owned and operated at http://www.ohmyexams.com, including any page, part or element thereof;
2.9 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning;
2.10 Terms means the terms and conditions set out herein and includes the Additional Terms described in clause 4 below;
2.11 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;
2.12 Use includes (without limitation) accessing, retrieving, downloading, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning;
2.13 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;
2.14 User Rules means our user rules as set out herein below;
2.15 We, us and our means our Site (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and
2.16 You means the user and subscriber to this Service.

3. Changes to Terms and Service Charges
We may change any or all of the Terms including (without limitation) the Service Charges at any time without notice to you. Any changes will become effective when we publish them on the relevant websites. You agree to check this website and the Terms regularly for changes. By continuing to use our Services after we make the changes, you agree to be bound by the changed Terms. If you do not accept the changed Terms, you must stop subscribing to the Service as provided for in clause 6 below, or stop using the Service.

4. Additional Terms
Some of our websites may contain additional rules, guidelines or terms (hereafter "Additional Terms"). By subscribing to or using our Services relating to those websites, you agree to be bound by, and comply with those Additional Terms.

5. Duration
You are bound by the Terms from the earlier of the date on which you:
i.          accept the Terms;
ii.         subscribe to a Service; or
iii.        start using a Service; and
iv.        for as long as you subscribe to or use a Service.
If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.

6. Termination
6.1 If you enter into an agreement with us for the use of a Service for a fixed term, you may not terminate that agreement before the end of the fixed term and any amounts paid shall not be refunded.
6.2 If you do not subscribe to or use a Service for a fixed term, but you regularly make recurring payments under an agreement entered into with us, you may terminate the agreement relating to any individual Service by 30 (thirty) days� written notice to us on info'@'ohmyexams.com
6.3 Such notice will take effect on the first day of the month immediately following the end of the 30 (thirty) day notice period.
6.4 In all other cases, you may terminate this agreement by terminating your use of the Service.
6.5 The termination of the agreement will not affect any of our rights that:
6.5.1 arose before termination; or
6.5.2 by their nature survive termination.
6.6 We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your secondary email address, if available. Should we terminate your account on this basis, the email address associated with your Account may be given to another Subscriber.

7. Provision of Services
7.1 Disclaimer
7.1.1 We will always endeavour to provide the Services to the best of our ability.
7.1.2 You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
7.1.3 Under these circumstances then, we:
7.1.3.1 provide all Services 'as is' and 'as available'; and
7.1.3.2 do not warrant or guarantee that any Service:
7.1.3.2.1 is free of errors or interruptions and will conform with your timelines;
7.1.3.2.2 is always available and reliable;
7.1.3.2.3 is secure; although we take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;
7.1.3.2.4 is fit for any purpose; or
7.1.3.2.5 does not infringe any third party rights.
7.1.4 You furthermore acknowledge and accept that we do not encrypt any Content or communications from and to our Site, and that we also do not provide digital authentication of any page on the Site.
7.2 Content and advertisements provided as part of a Service
7.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.
7.2.2 We may periodically send promotional email and / or SMS to you about services offered by our advertisers and ourselves.
7.2.3 Where we publish or provide Content or advertisements as part of a Service:
7.2.3.1 we do not:
7.2.3.1.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
7.2.3.1.2 endorse the Content or advertisements; and
7.2.3.2 you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
7.2.4 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
7.3 Third party goods, software and Services
7.3.1 In many cases, we provide services of third parties, or our Services in conjunction with that of third parties.
7.3.2 In those cases, the following conditions apply:
7.3.2.1 We provide such services subject to the terms, conditions and limitations imposed by those third parties.
7.3.2.2 If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third party.
7.3.2.3 You authorise us to provide any of your Personal Information (as defined in our Privacy Policy) to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you.
7.3.2.4 To the extent that there is a conflict between the third party�s Terms and Conditions and these Terms, these Terms will prevail.
7.3.2.5 You shall be solely liable for the payment of any amounts charged by third party from you.
7.3.3 When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that:
7.3.3.1 we are not a party to the contract between you and the third party;
7.3.3.2 we are under no obligation to monitor the Third Party Service used by you;
7.3.3.3 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
7.3.3.4 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and
7.3.3.5 you indemnify us against any damages (as defined in clause 14 below) howsoever arising from your acquisition and use of the goods, software or service.
7.3.4 We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
7.4 Suspension or termination of Services
7.4.1 We may suspend, interrupt, change or end any Service or any part thereof at any time for any reason in our sole discretion without notice to you and without any liability to you.
7.4.2 We may widely publicise changes to the Services that apply generally.
7.4.3 We may also give you notice of any interruption of a Service due to maintenance.
7.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to you.
7.5 Complaints
Complaints regarding our Services may be lodged with us at by clicking on the "info'@'ohmyexams.com" link on the Site.

8. Use of Services
You will only use the Services:
8.1 in accordance with the User Rules and the Terms;
8.2 for lawful and personal purposes; and
8.3 for the purposes for which they are designed, which excludes trading or investing purposes.

9. Service Charges and payment
Please note that, in order to subscribe to certain Services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact.
9.1 Guidelines for use of pay Services
9.1.1 Check before you subscribe to or use a Service
9.1.1 Before you subscribe to or use a Service you will check the amount of the Service Charges, and determine how and when you must pay these charges.
9.1.2 By subscribing to or using a Service you:
9.1.2.1 agree to pay the Service Charges on the due date in the way specified, regardless of whether you use the Service or not; and
9.1.2.2 authorise us to perform a credit check at any time as we deem fit and provide your Personal Information (as defined in our Privacy Policy) to a credit bureau for this purpose.
9.2 How you pay Service Charges
9.2.1 You will pay:
9.2.1.1 recurring Service Charges monthly in advance by debit order or such other mode as we may prescribe on the first day of each month; and
9.2.1.2 other Service Charges as specified in any Additional Terms.
9.2.2 We may implement a new, or change an existing debit order for the Service Charges due by you against the bank account you provided to us.
9.2.3 If details of your bank account change, you will promptly provide us with the new details.
9.2.4 Unless stated otherwise in the Additional Terms or Service Terms, all Service Charges are payable in advance and non-refundable.
9.3       Non-payment
9.3.1 If you fail to pay a debit order or other amount for any reason when due, we may:
9.3.1.1 suspend your subscription to or use of a Service;
9.3.1.2 terminate this agreement, and claim any amounts due to us; and/or
9.3.1.3 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.
9.3.2 You will not:
9.3.2.1 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or
9.3.2.2 apply set off in respect of any amount due to us.
9.3.3 All amounts due and payable by you at any time will be determined and proved by a certificate signed by one of our directors or general managers, whose appointment, qualification and authority we need not prove.
9.3.4 Such a certificate will be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence or any other judgment against you.
9.4 Taxes
9.4.1 As per applicable law in force and to the extent permissible under law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.
9.4.2 Unless stated otherwise, all Service Charges exclude value-added tax and other indirect taxes.
9.5 Reconnection Service charge
We may charge you an additional re-connection Service Charge if you request us to restore any Service, which was terminated, either at our instance or yours.
9.6 Changes to Service Charges
We may change the Service Charges from time to time as provided for in clause 3 above.
9.7 Accounts
We may from time to time provide you with accounts, statements or invoices for amounts due to us.

10. Provision of equipment
10.1 You will at your own cost acquire and maintain such:
10.1.1 computer, telephone, hardware, software, communication lines; and
10.1.2 network or Internet access, as may be necessary to Subscribe to or use our Services.
10. 2 You will ensure that your computer, telephone, other communications equipment and software are compatible with the Service concerned before Subscribing to or using the Service.
10.3 You will make regular copies or "backups" of your computer software and data.

11. Your information
11.1 When you subscribe to or start to use a Service, if requested by us, you will provide us with your full names, identity number, residential and business or postal address, a certified copy of your identity document and such other information as may be asked for during the registration process, and, if you are a legal entity, a certified copy of your business letterhead.
11.2 You warrant that all information about yourself that you supply to us at any time is true, current and complete.
11.3 You will inform us of any changes of information about yourself.
11.4 We may treat any misrepresentations by you as a fraudulent act unless you prove that the misrepresentation was unintentional.
11.5 You agree that, as long as you use or Subscribe to a Service, we may collect and store your Personal Information as provided for in our Privacy Policy.
11.6 We agree to deal with your Personal Information in accordance with our Privacy Policy.

12. User Ids
12..1 Any username, password, number or email address allocated to you or created by you when Subscribing to or using our Services ("user ID") will entitle you to access the Services as long as you comply with the Terms.
12..2 Any user ID is personal to you.
12..3 You:
12..3.1 will keep your user ID confidential and not disclose it to any third party;
12..3.2 will inform us promptly if a third party gains access to your user ID;
12.3.3 are responsible for all payments, use of, or activity on a Service under your user ID;
12.3.4 will not use a Service at any one point in time more than once under the same user ID (for example, you will not do 'multiple log-ins');
12..3.5 will not circumvent our user ID authentication procedures or systems;
12..3.6 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your user ID; and
12..3.7 indemnify us against any claim howsoever arising from any use of your user ID by a third party or your breach of this clause 12.
12..4 While a user ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a user ID.
12..5 You will also not retain any entitlements to your user ID once this agreement ends.
12..6 You will sign out from your Account at the end of each session.

13. Intellectual property
13.1 In this clause:
13.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and
13.1.2 downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.
13.2 Downloads
13.2..1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
13.2..2 You will not, unless with our express consent or that of the third party author:
13.2..2.1 sell or otherwise transfer any downloads to any third party;
13.2..2.2 appropriate the downloads in whole or in part for whatever purpose;
13.2..2.3 decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
13.2..2.4 incorporate the downloads into any other Content for whatever purpose;
13.2..2.5 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or
13.2..2.6 frame any portion of the web pages that are part of the Service.
13.3 Copyright
13.3.1 You may retrieve, store, cite or refer to or print Content from our Site for educational, research, non-commercial, private or personal use only as provided for under  Indian law.
13.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
13.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
13.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.
13.4 Your content
13.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.
13.4.2 However:
13.4.2..1 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and
13.4.2..2 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.
13.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:
13.4.3.1 a description of the work, which you claim, has been infringed;
13.4.3.2 the location of the work on the Site;
13.4.3.3 your contact details;
13.4.3.4 an affidavit deposed to by you stating that the work was used without your consent; and
13.4.3.5 written consent if an agent is acting on your behalf.
13.4.3.6 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.

14. Limitation of our liability
14.1 You subscribe to and use any Service at your own risk.
14.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your Subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by you due to:
14.2..1 access to our  Site or websites linked thereto;
14.2..2 any interruption of or error in the Service; including inability to access our Site or websites linked thereto;
14.2..3 inaccurate information or unreliable results;
14.2..4 use of any Content from our Site, including Content accessed from a link;
14.2..5 our failure to fulfill our obligations as a result of uncontrollable events;
14.2..6 disclosure of your Personal Information (as provided for in our Privacy Policy);
14.2..7 any other reason not directly attributable to our gross negligence.
14.3 If you suffer damages or are dissatisfied with a Service your only remedy is to stop using the Service as provided for in clause 6 above.
14.4 In this clause:
14.4.1 damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims, actions or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:
14.4.1.1 in contract, tort or otherwise;
14.4.1.2 direct, indirect, special or consequential;
14.4.1.3 foreseeable or not; and
14.4.1.4 we were advised of the damages in advance or not; and
14.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strike, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.

15. Indemnity
You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
15.1 your subscription to or use of a Service; or
15.2 your breach of the Terms.

16. Transfer of rights and obligations
16.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.
16.2 The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death.
16.3 We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.

17. Breach
17.1 If you breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to you:
17.1.1 claim immediate payment of all outstanding amounts due to us;
17.1.2 stop or suspend your use of any of the Services and/or
17.1.2 terminate this agreement.
17.2 We also reserve the right to claim damages from you or to institute criminal proceedings against you, should the circumstances so require.
17.3 We may in any of these instances retain all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.
17.4 We will not be liable to you or any third party in any way for the termination of your Account.

18. Communication with you and advertising
You authorise us to:
18.1 communicate with you from time to time about our Services including (without limitation) special offers, discounts, promotions, operational changes and/or new Services;
18.2 advertise on any Service in any format in our sole discretion.

19. Governing law
19.1 The Terms are governed by and construed under the laws of India and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

20. Jurisdiction
The Courts of law in India, will have exclusive jurisdiction to entertain any disputes that may arise with respect to any Service or the application or interpretation of these Terms.

21. Priority of Terms
Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:
21.1 these Terms;
21.2 the Additional Terms.

22. Whole agreement
22.1 The Terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.
22.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the Terms not incorporated therein will be binding on you or us.
22.3 Any change or addition to the Terms will only be valid if effected as provided for in clause 3 above.

23. Addresses
23.1 You select as your correspondence address for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.
23.2 We may send you any notices (other than legal process) by email.
23.3 You will notify us of any change of address.
23.4 We select as our address for the purposes of receiving legal process and notices the address specified on our  Site.

24. No waiver
24.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.
24.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
24.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.

25. Provisions are severable
25.1 Each provision of the Terms is severable from the other provisions.
25.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.

26. Interception and monitoring
26.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.

27. Privacy Policy
27.1 General Principles
Protecting your privacy is very important to us. We have developed this Privacy Policy to protect your personal information and keep it confidential.
We do everything we reasonably can to protect your rights of privacy on systems and websites controlled by us, but we are not liable for any unauthorised or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control, for example advertisers and websites that have links to our Site. You should take note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks, may be different from ours.
We also cannot warrant the security of the information, which you transmit to us.
We categorise information about you (collectively referred to as "Personal Information") as follows:
- Profiling Information: Information which you provide when you  Subscribe or register for a Service
- Information about your personal identity such as race, gender, marital status, religion, age etc.;
- Your financial information such as your banking details and any information relating to your income and lifestyle levels; and
- Your contact details such as your physical addresses, postal addresses, telephone and fax numbers and the like.
- Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers
- Service Usage: Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.
- Log information: Information such as your web request, IP address, browser type, browser language, date and time of request.
- Transactional Information: Transactional history (other than banking details) about your e-commerce activities.
- Correspondence Information: Content, information about your correspondents, and the destination/origin of communications between you and any other person using our Services, which include email communications, blog, chat room and discussion board communications, instant message communications, experts forum communications, faxmail communications, telephone communications membership of mailing lists etc.
- User IDs: Your usernames, passwords, email addresses, telephone number and other security-related information used by you in relation to our Services.
- Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our Services.
We will only disclose your Personal Information in accordance with this Privacy Policy. If we want to use it for any other purpose, we will obtain your prior written consent.
If you decline to submit personal information to us, then we will unfortunately not be in a position to provide the Services to you.
Any of your information which you provide when you use our Services in an unencrypted manner and/or to an open, public environment or forum including (without limitation) any community, classifieds or discussion board, is not confidential, does not constitute Personal Information, and is not subject to protection under Privacy Policy.
Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your Personal Information in such public environments.
Information, which is disclosed publicly, is also shared with our affiliates, third party service providers, sponsors of competitions etc. unless expressly stated otherwise.
We are not liable to you or any third party for any damages (as defined in clause 14 above) that you or any third party may suffer howsoever arising from your disclosure of Personal Information in any public environment. You accordingly disclose information in a public environment at your own risk.
27.2 Right to collect
By accepting the Terms you agree that we may collect and store your Personal Information as long as you Subscribe to or use our Services subject to the limitations set out in this Privacy Policy.
We collect your Profiling and Account Information for the following reasons
- We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you. We will only disclose this information as provided for in clause 27.3 below.
- We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities. We may disclose such information about you, provided that the information is in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you.
We collect and store your Service Usage and Transactional Information to:
- determine and verify the Service Charges payable by you and to administer our relationship with you.
- comply with any statutory or regulatory requirement.
- compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you. While we are entitled to use such information about you for our own internal business purposes without limitation, we will only disclose it in a non-aggregated form which is not capable of being used or interpreted in such a manner as to identify you; and
- monitor your use of our Services for the purposes of ensuring compliance with our User Rules.
We collect and store your Correspondence Information and Personal Identifiers to:
- comply with our obligations under clause 27.3 below; and
- monitor your use of our Services in order to ensure your compliance with our User Rules as provided for in clause 27.3 below.
We will only disclose Correspondence Information and Personal Identifiers under clause 27.3 below.
We may scan your Stored Information to ensure that you comply with clause 27.3 below.
Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties.
Some of our own websites use "cookies" so that we can provide you with more customised information when you return to our website. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
You may update your Profiling Information at any time by using the personalise function.
You acknowledge and agree that in the interests of improving personalisation and Service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliates (an entity which is our subsidiary or holding company or a subsidiary of our holding company or an entity which controls, is controlled by or is under common control with us).
27.3 General exceptions
If we are required to intercept, disclose, monitor and/or store your Personal Information:
- by law;
- to conduct our business;
- to secure our systems; or
- to enforce our own rights,
we will do so in the manner as prescribed by law.
Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages (as defined in the clause 14 above) howsoever arising from such interception, disclosure, monitoring and storage.
In order to ensure that all our Users comply with the User Rules, we may monitor your Personal Information to the extent that this may be required to determine compliance and/or to identify instances of non-compliance.
To ensure that the security and integrity of our Services are safeguarded, we may monitor your Personal Information. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
We may under certain circumstances procure an element of the Services from a third party service provider. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your Personal Information that may be necessary for the procurement of services from the third party.
In addition to the general limitation in the Terms, we will not be liable to you or any other third party for any damages (as defined in the clause 14 above) suffered by you or any other third party howsoever arising from the disclosure of your Personal Information. Your only remedy under such circumstances will be to end this agreement.

28. User Rules
28.1 General Principles
While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.
We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.
Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.
28.2 Definitions
In these User Rules:
- Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person�s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- Destructive Code means any computer code which:
-     is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
-     would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
-     would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and
-     any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
- Communication Facilities includes (without limitation) our email, instant messaging (IM), and Internet search facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not;
- Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
- Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights;

- Misrepresentation includes (without limitation):
- actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
-     impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
-     altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
-     forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
- Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person�s consent;
- System Abuse means any conduct which does or may:
- damage, impair, overburden or disable any system of any person (including us) using our Services;
- interfere with any other person's use of the Internet or of our Services;
- compromise or tamper with the security of our or any other person's software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").
28.3 General rules
You agree that, when you use our Services, you will not:
- do anything which violates any of the Terms;
- Spam our Communication Facilities;
- make any Misrepresentation;
- post, upload or transmit any Abusive Content by means of our Communication Facilities;
- replicate or store Abusive Content on any of our servers;
- do anything that does not comply with generally accepted Internet / mobile etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;
- commit Fraud;
- violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another;

- perform System Abuse;
- propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
- repeatedly post gratuitous off-the-topic communications;
- read and act upon any communication which was not intended to be received by you or fail to delete such communication;
- gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
- reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of:
- our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or
- the information or data contained in our Services;
- use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;
- use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, or add a ohmyexams.com search box on your website (If you want to make commercial use of our services, you are required to enter into an agreement with us);
- repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
- transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
- access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
- perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- fail to comply with applicable domestic, national and international laws, rules and regulations ;
- send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System;
- disrupt the normal flow of dialogue or negatively affect the ability of other users
- to engage in real time exchanges;
- help any third party to do any of the above.
28.4 Third party use rules
When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules.
To the extent that there is a conflict between the third party's rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.
28.5 Enforcement of User Rules
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:
- give you a warning;
- without notice, stop or suspend your Subscription to or use of any or all Services; and/or
- disclose any of your Personal Information to persons affected by your conduct.

29. Email rules
To keep our email servers efficient, we apply the following restrictions to the mailboxes that we provide to you:
- We will deliver no new email to your mailbox if the total size of your mailbox exceeds 100 (one hundred) Megabytes;    
- You cannot send or receive an email that exceeds 10 (ten) Megabytes; and
- You can not send an individual email to more than 50 (fifty) recipients on your mailing list.
- In any given hour, you cannot send:
- more than 360 (three hundred and sixty) emails ; or
- any number of emails that, in aggregate, exceed 250 (two hundred and fifty) Megabytes in size.
You acknowledge that we will not be held liable for accidental deletion of failure to store your email communications, messages and content.

30. Internet Search Service Terms
30.1 Content Linked to Search Service
Search Services allows you to access an index of sites that most closely resembles that search criteria inputted by you through the search site. The sites displayed as search results or linked to by search Services are maintained, developed and operated by third party providers over whom we exercise no control. The search results accessed through our indices are indexed through automated processes on computers, and it is not possible for us to screen any such site. As such, we cannot and do not screen the sites before including them in the indices from which such automated search results are gathered. A search using search services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by our search Services. The presence of these links does not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites.
30.2 Personal Use Only
You may use the Services on the Site for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except for your personal non commercial use.
30.3 Disclaimer of Warranties
 Search results: the web changes constantly and no searching or indexing techniques can possibly include all pages accessible on the web in its index of sites (the "index"). As a result, we do not and cannot guarantee that your search results will be complete or accurate or that the links associated with the index will be complete or accurate or active at the time of your search.
To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory quality, title and non-infringement of proprietary rights) including without limitation, in reference to the services, index and all information, products and other content (including third party information, products and content) included in or accessible from the site. 
30.4 Limitation of Liability
 To the maximum extent permitted by applicable law, in no event will we be liable to you (or any third party making claims through you) for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Site, the services or the index, any computer-related damages due to downloading materials, typographical errors and/or omissions.
The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or of an exclusive remedy.
30.5 Removal of sites from Index
We are sometimes asked to remove links from our search results pages. We address these requests on a case-by-case basis and in general, follow the guidelines below:

• We identify, index and catalog Web sites automatically with software, which means there is no advance review by human beings.
• Given the enormous volume of information added to and changed on the Web on a daily basis, we cannot operate in any other way. This means that we do not screen information posted to the Site.
• In general, we believe that people who make information available on the Web expect that it will be available publicly and indexed for distribution, much like we index information to make it available for our users. If you want to restrict access to your site, please let us know. If you do not let us know and take steps to prevent it, it is likely that our software will find it and index it again. 
• Disclaimer regarding multimedia search and other pictures, movies, streams and sounds located through or on
  our Site

Images, pictures, movies, streams, and sounds (the "Multimedia Content") located through the search services are protected by copyright and/or other intellectual property laws. We do not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Site Network, all of the Multimedia Content contained on such sites is owned and served by other entities. Our Site provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our  Site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content