Terms of Service

Welcome to www.talentlensindia.com, a portal of NCS Pearson India Pvt. Ltd.

User Agreement

You (the user) can access www.talentlensindia.com (“Pearson portal”), subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of Pearson portal as set out below. The term of this Agreement shall continue and would be in force till the time you access this site & its services and you agree that you are bound by the terms as mentioned herein. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

Eligibility and registration

You must be 18 years or older to use the Pearson portal service. By registering for the Pearson portal service, you represent and warrant that you are 18 years or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
Since Indian laws do not permit us to contract with a minor person (minor is a person who has not completed 18 years of age), we do not market our Web site to minor persons under the age of 18.

Changes to Terms and Conditions

We reserve the right to add to or change/modify the terms of this Agreement including but not limited to suspend/cancel, or discontinue any or all service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted at Pearson portal for your convenience to understand your responsibility as a user. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. You will be deemed to have accepted such change/s if you continue to access the Site subsequent to such changes.

Information Collected

Pearson portal will only collect, store, use, and share your personal information (including email address) as it is defined by our privacy statement and as regulated by Indian laws. Information collected on the Pearson portal website is stored & used to evaluate your eligibility for purchasing/using our products, as well as notify you when new/enhanced products and services become available. We do not disclose user’s information (including email address) to third parties except when the user requests to utilise services from other service providers. We will disclose information to the appropriate government officials if the law so compels us.

Only information you have given us (including email address) is stored by us. We do not supplement your information with information from other companies.

In the event of leakage of any information from the site for any reason beyond our control & for whatsoever reason Pearson portal shall not be responsible under any circumstances and no action shall lie against Pearson portal. A maximum relief granted in such an event would be subject to the payment you have made for that service or product, which we may refund to you & that Pearson portal or NCS Pearson India Pvt Limited would be deemed to have discharged its limited liability towards you.

If you do not want to receive promotional e-mail from us in the future, please let us know by contacting our customer services via information available on the portal and telling us that you do not want to receive e-mails from our company.

If you prefer not to be notified of any release or to receive any product information from Pearson portal , please contact us via email, phone, or mail to make your request to be removed from our email list. Please refer to our privacy policy.

Charges

This Site reserves the right to charge fee/price for the Service/s and/or product/s with appropriate notice. Such notice will be appearing on the site by displaying the new / revised charges for the service/s and/or product/s as offered time to time with or without modifications & on such display it will be presumed to be read by all users whether registered or not & no further notice would be required. The same will apply for any service/s or products being offered without any charges whenever made chargeable.

Refund policy

Pearson does not refund any fees paid towards the service received. Any claim for refund will not be entertained in case of any wrong data entry done by the subscriber.

Request for refund of payment made to Pearson must be made within 3 business days of date of payment. Your request for a refund terminates your rights to use the Pearson portal services and any related warranties or guarantees.

Refund of the fees you paid to Pearson is the maximum relief granted in any event, including but not limited to product liability or non availability of service.

Appropriate Individual Registration, access & conduct of user and content for personal use only.

The Pearson portal service is made available for your personal, non-commercial use only.

You may not use the Pearson portal service for any illegal or unauthorized purpose, including misusing professional qualification details of another person. International users agree to comply with all Indian laws & regulations, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, that you submit, & post on to Pearson portal service.

Other examples of illegal or unauthorized uses include, but are not limited to:

  • modifying, adapting, translating, or reverse engineering any portion of the Pearson portal service.
  • removing any copyright, trademark or other proprietary rights notices contained in or on Pearson portal service.
  • using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Pearson portal service.
  • submitting data of any third party without such third party’s prior written consent.
  • submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Pearson portal
  • submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
  • transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
  • submitting false or misleading information.

While Pearson portal prohibits such conduct on its site, you understand and agree that you nonetheless may be exposed to such misuse or blocking by other users and that you use the Pearson portal service at your own risk.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of NCS Pearson India Pvt Ltd, its parent, affiliates and associates and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy

You are permitted to print or download extracts from these pages for your personal noncommercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of this Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.

Proprietary Rights of Pearson portal

By submitting or furnishing any personal information, data or details on or through the Pearson portal service/s, you automatically grant to us non-exclusive, permission & irrevocable right to hold & store your, such personal information, data or details and related information. Our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission. It is our policy to respond to notices of alleged infringement that comply with the Copyright Act. By submitting or furnishing any content and or suggestions other than your personal information on or through the Pearson portal service/s, you automatically grant to us a worldwide, non-exclusive, permission & irrevocable right & such content & suggestions becomes the property of Pearson portal and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Email Services

On selection of email Alert service you agree & grant non-exclusive, permission & irrevocable right to send emails & alerts by way of messages or other formats as time to time decided by us on commercial expediency prudence and that your prior permission to continue or change such method is deemed to have been agreed & granted by the user.

Disclaimer of Warranties and Liability

All the contents of this Site 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 Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on “AS IS” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

NCS Pearson India Pvt Limited, its directors, employees, agents, representatives and the authors and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for product liability or for non availability of service) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions as a result of using the Site 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 site. 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.

Privacy

Your use of this Website is subject to our Privacy Policy.

Data Protection

Pearson portal may send information and offers of products and services to you from time to time & store the information provided by the user. For further details relating to our policy relating to such offer & storage of data please refer to our privacy policy.

Force Majeure

Pearson portal shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of Pearson portal ‘s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall Pearson portal be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information & or data received and or stored or any of our service/s.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter here of and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Pearson portal hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts of the Bangalore in India. If you don’t agree with any of our disclaimers above please do not read the material on any of our pages. This site is specifically for users in the territory of India. Although the access to users outside India is not denied, Pearson portal shall have no legal liabilities whatsoever in any laws of any jurisdiction other than India. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

Disclaimers

www.talentlensindia.com web site (“Pearson portal”) pages contain proprietary notices and copyright information, the terms of which must be observed and followed by the users of the Web Site.

Notices

Other Contents

The other contents included on the Web Site, including but not limited to text, graphics, logos, button icons, images, audio clips, trademarks, service marks, domain names, designs, software etc., are the properties of Pearson portal or its content providers and protected by Indian and international intellectual property laws.

The compilation, collection, arrangement, display, and assembly of all contents on the Web Site are the exclusive properties of Pearson portal and protected by the same above referenced laws.
Unless otherwise stated, all materials contained in the Web Site are copyrighted and may not be used except as provided in these terms and conditions or other proprietary notice provided with the relevant materials.

The materials contained in the Web Site may be downloaded or copied for an individual, non-commercial use only provided that copies retain the copyright and any other proprietary notices contained on the materials. Any other use including but not limited to reproduction, modification, distribution, transmission, republication, commercial exploitation or display of the content of these pages, without the express written permission of Pearson portal, is prohibited. The permission to download or recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to the positions, statements or actions of Pearson portal .

No license is granted to “mirror” the Pearson portal.

Trademarks and Service marks

The trademarks, logos, pictures, domain names and service marks (collectively the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of Pearson portal and its content providers. No additional rights are granted by implication, estoppel, or otherwise.

The Trademarks may not be used in advertising or publicity pertaining to the Web site, its content, specifications, or software without specific, written prior permission of Pearson portal or its content providers. Use of Pearson portal Trademarks is covered by the NCS Pearson India Pvt Ltd Trademark and Service mark License.

Non-Pearson portal Trademarks and Service marks

The trademarks, logos, domain names and service marks not owned by or on behalf of Pearson portal and that are displayed on the Web Site are the registered and unregistered marks of their respective owners. No rights are granted by Pearson portal to use such marks, whether by implication, estoppel, or otherwise.

Legal Disclaimers

Some information that Pearson portal publishes on the Web Site may contain references or cross references to Pearson portal specifications, projects, programs and services that are not announced or available in your country. Such references do not imply that Pearson portal intends to announce such specifications, projects, programs or services in your country.

The information on the Web Site may contain technical inaccuracies or typographical errors. Any information on the Web Site including contents, terms and conditions may be changed or updated by Pearson portal , without notice. User is bound by such revisions and should therefore periodically visit website to review the then current contents, information, terms and conditions etc.

Limitation on Warranties

ALL MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” BASIS Pearson portal MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. AS TO DOCUMENTS AND GRAPHICS PUBLISHED ON THE WEB SITE, Pearson portal MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENTS OF SUCH DOCUMENT OR GRAPHICS ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation on Liability

IN NO EVENT WILL Pearson portal , BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LAIBILITY, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Pearson portal IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby disclaim and waive any rights and claims you may have against Pearson portal with respect to third party products and services, to the maximum extent permitted by law.