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Terms Governing Use of and Access to the ETS Website

This website www.ets.org (Website) is an internet site maintained by Educational Testing Service and its respective divisions, subsidiaries and affiliates ("ETS", "Company"or "we") as a service to the internet community. By using this Website, visitors and test-takers (collectively "Users" or "you") agree to be bound by the Terms of Use of this Website ("Terms of Use") and the ETS Privacy Policy ("Privacy Policy"). If you do not agree with the Terms of Use or with the Privacy Policy, do not use this Website.

These Terms of Use apply to you while using the Website and during your visit to the Website whether through a computer, mobile phone or other devices as well as to all information, recommendations and/or Products & Services provided to you on or through the Website. We may collect, process, share or transfer personal data or information of users in order to provide Products & Services (as defined hereunder) in accordance with the Privacy Policy. It is designed to provide you with control over your Personal Information (as defined in the Privacy Policy). More about the Privacy Policy.

The purpose of this Website is to provide information, educational, testing services, facilitate communication with ETS and to enable users to request products & services ("Products & Services"). All materials are provided solely for personal and non-commercial use.

(A) Conditions of Use

By using the Website, you agree that:
    • (i) you will only use the Website for availing the Products and Services as the case may be, and will not resell or assign your use to a third party; notwithstanding the foregoing, use may be assigned to a third party with authorization from ETS or via the agent portal;
    • (ii) you will not use an account that belongs to a person other than you without appropriate authorization;
    • (iii) you will not use the Website for unlawful purposes, reverse-engineer, run automated code that may copy or scrape the Website or any information on such website and/or download an illegal/unauthorized version of the same;
    • (iv) you will not try to harm the Website or our network in any way whatsoever;
    • (vi) you will only use an authorized network to access the Website;
    • (vii) you are aware that when requesting Products & Services, whether by message, via the Website, standard messaging charges, data charges, voice charges, as applicable, of your and our phone network service providers, may apply;
    • (viii) you will comply with all applicable law from your country of domicile and residence and the country, state and/or city in which you are present while using the Website; and
    • (ix) you will comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder and other applicable laws.
We reserve the right to immediately terminate your access to the Website and its use thereof in the event of non-compliance with any of the above requirements. Further, we will store the information provided by you or record your calls for contacting you for all matters relating to Products & Services. You must promptly inform us of any changes in the information provided by you.

(B) ETS Content

The Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models and software (the “Contents”), are the property of ETS or its licensors/providers and ETS or its licensors/providers own all rights, title and interest in such Contents and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Third-party trademarks, including trademarks relating to Products & Services, if any, may appear on the Website and all rights in such marks are reserved with the registered owners of those trademarks. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use. These Terms of Use do not convey to you any rights of ownership in or related to the Website or Products & Services, or any intellectual property rights owned by ETS or any third parties. Except as otherwise expressly permitted under the Terms of Use, ETS grants to you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to use the Website and access information on the Website purposely made available solely for availing Products & Services on a computer or through any other device, use such information only for your specified personal, non-commercial informational purposes. You are not authorized to copy or post such information on any networked computer or broadcast it in any media and do not make any additional representations or warranties relating to such information. You may not:
  • (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Contents in any way;
  • (ii) copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce the Website or Contents in any way;
  • (iii) reverse engineer or access the Website in order to design or build products or services, copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Products & Services or the Website;
  • (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Products & Services and/or the Website or Contents;
  • (v) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • (vii) interfere with or disrupt the integrity or performance of the Website or the Contents contained therein in any manner;
  • (viii) attempt to gain unauthorized access to the Website, Contents or its related systems or networks;
  • (ix) otherwise use the Website or Contents in any manner inconsistent with the rights of ETS, including, but not limited to, use of the Website or Contents for any commercial purpose, without the express written permission of ETS.
ETS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that ETS has the right to monitor your access to or use of the Website for ordering Products & Services, including by use of technology-based automatic tools or other mechanisms for proactive identification and removal of unlawful content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Website or Contents. ETS Trademarks For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.

(C) License to User Content

Our Website may allow users to post, submit or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio-visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images or other content in any form (collectively “User Content”). You agree to grant to ETS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information and User Content, in any media now known or not currently known, with respect to your information, including any information that you may upload or provide to us through the Website, such as the User Content.

You hereby disclaim any right to any compensation from ETS in connection with ETS’s exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that ETS is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audio-visual material, without any restrictions whatsoever. You agree to indemnify and hold ETS harmless from all actual and incidental costs and fees associated with ETS’s defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees. ETS reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. ETS has no obligation to display or post any User Content. ETS reserves the right to disclose, at any time and from time to time, any information or User Content that ETS deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. ETS shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.

We will be entitled to enter into any tie-up in terms of joint-venture, investments or otherwise with any other institution. In any case, depending upon the modality and the mechanism as may be devised, you may be provided with the Products & Services by ETS jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up, to the extent that the same is required by applicable law. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

(D) User Content Restrictions

The Website may accept posting of User Content by you. You represent that you have obtained all permissions and consents required to post the User Content. ETS shall not be liable in any manner for the User Content, nor does it endorse such User Content. Further, you agree that when posting User Content, you will ensure that such content complies with the content restrictions specified hereunder. You shall not:
  • Publish, post, upload, distribute or disseminate any content which may be considered to be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, patently false, impersonating, harmful to children, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy, publicity or ownership) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature or impersonate another person;
  • Restrict or inhibit any other user from using and enjoying the Website;
  • Violate any code of conduct or other guidelines which may be applicable for any particular User;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • Violate any applicable laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.


(E) Warranties, Liability & Indemnification

Disclaimer

The Contents are provided to you on an “as is,” “as available” basis. ETS, its affiliates, licensors/providers and their respective affiliates, subsidiaries, officers, directors, employees and agents make no representations or warranties with respect to the website, contents and privacy policy. You acknowledge, by your access to the Website, that your access of the Website and availing of Products & Services is at your sole risk, that you assume full responsibility for your access and use of the Website. ETS, to the fullest extent permitted by applicable law, hereby disclaims all warranties of any kind, express or implied, including, but not limited to, representations and warranties regarding title, accuracy, timeliness, completeness, sustainability, noninfringement, merchantability or fitness for any particular purpose. ETS assumes no responsibility for the consequences of any errors or omissions in connection with this website, the contents and Privacy Policy. In no event shall ETS be liable to you for any claim arising out of or relating to your use of this Website, any Content and the Privacy policy. It is further clarified that we shall not be responsible for your use of any unauthorized and/or illegal versions of the Website that may be unlawfully created by a third party including but not limited to the download of any unauthorized version of the Website or Contents from any third-party website, application stores and/or any other medium.

IN NO EVENT SHALL ETS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ETS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us. ETS and its representatives, affiliates, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Website or Products & Services, or your reliance upon the Products & Services or the information contained in the Website (whether arising from the ETS or any other person’s negligence or otherwise). All images, audio, video and text on the Website are only for illustrative purposes. None of the models, actors, persons, image, audio/voice recordings or products in the images, if any is endorsing the Products & Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

Indemnity

You agree to indemnify, defend and hold harmless ETS and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this Website, or any breach or violation of the Terms of Use, Privacy Policy, other website policies or applicable law or regulation, rights of third-parties, or misuse of the Website in contravention of any other terms and conditions contained on this Website.

(F) Eligibility to use the Products & Services

You will be eligible to register on or use the Website or our Products & Services only when you fulfil all of the following conditions:
  • (i) you have attained at least 18 (eighteen) years of age; and
  • (ii) you are competent to enter into a contract under the applicable laws. We will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or any of our Products & Services that may occur by virtue of any person including a minor registering for the Website and/or requesting Products & Services.


You need not create an account to use the Website. However, you need to provide us with certain details in order to request our Products & Services. For the purposes of the same, you may need to provide us with certain personal or other data (“Data”).
  • You shall ensure that the Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Data provided by you;
  • You are solely responsible for maintaining the confidentiality of your Data and will be liable for all activities and transactions that occur;
  • It is your responsibility to check to ensure that you use the correct Website and/or application for your device. We are not liable if you do not have a compatible device or if you are unable to access our Website. We reserve the right to terminate the Service and your use of the Website should you be using the same in a manner incompatible with these Terms of Use.


You may request cancellation of Products & Services requested and/or request refunds to be granted in respect of such cancellations in accordance with our Refund & Cancellation Terms, available at https://www.etsindia.org/payment-refund-cancellation-terms/.

(G) Links to Other Websites

This Website includes many links to third-party sites, including educational sites, of possible interest to learners of all ages, educators and parents. You may access these sites directly or through this Website. You may also be subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by ETS, and ETS has not reviewed or approved the terms of use or other policies governing such sites. ETS is not responsible for your access of such links, does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites. We recommend that you carefully review applicable terms for (and any integrity policy related to) such applications or services before you use them. If you have questions concerning a certain third party’s use of your Personal Data, please contact the third party directly.

(H) Modification

ETS reserves the right, at its sole discretion, to modify, change, replace, suspend, block, discontinue, in part or full, the Terms of Use, Privacy Policy or any other website policies at any time. ETS also reserves the right to change, block, suspend, discontinue or restrict your use or access to the Website or any parts, features, Contents at any time, without any notice or liability.

Please check these Terms of Use periodically for changes, as we are not required to notify you of changes made to these Terms of Use. Using this Website following the posting of changes to these Terms of Use i.e., your continued use of the Website shall constitute your acceptance of the revised Terms of Use, Privacy Policy or other website policies. Your use of the Website, Contents or Products & Services is subject to the most current version of the Terms of Use, Privacy Policy or other website policies made available on the Website at the time of such use. ETS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time.

(I) General

  1. Notice: All notices served by ETS shall be provided via email to your account, as an SMS to your registered phone number, through mailing address or as a general notification on the Website.
  2. Entire Agreement: This Terms of Use, along with the Privacy Policy, and any other website policies, guidelines made applicable to the Website from time to time, constitute the entire agreement between ETS and you with respect to your access to or use of the Website and the Products & Services thereof.
  3. Conflict: In the event of any contradiction or inconsistency between these Terms of Use, Privacy Policy and any other agreement executed between you and ETS, the Terms of Use shall prevail unless the exception has been expressly agreed to.
  4. Force Majeure: We shall not be liable for any failure to perform any obligations under this Terms of Use, if the performance is prevented, hindered or delayed by any event arising due to any cause beyond our reasonable control (“Force Majeure Event”) and in such case our obligations under this Terms of Use shall be suspended for so long as the Force Majeure Event continues.
  5. Assignment: You cannot assign or otherwise transfer your obligations under these Terms of Use, or any right granted hereunder to any third-party. ETS’s rights under these Terms of Use are freely transferable to any third-party without the requirement of seeking your consent.
  6. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, Privacy Policy or other website policies, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms of Use, Privacy Policy or such website policies shall continue in full force and effect.
  7. Waiver: Any failure by ETS to enforce or exercise any provision of these Terms of Use, Privacy Policy, website policies or any related right, shall not constitute a waiver by ETS of such provision or right.
  8. Relationship: You acknowledge that your participation on the Website does not make you an employee or agency or partnership or joint venture or franchise of ETS.


(J) Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of the Terms of Use, Privacy Policy, other website policies or your use of this Website, shall be governed by and construed in accordance with the laws of India, without giving effect to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use, Privacy Policy, other website policies will be resolved exclusively in the courts located in New Delhi and you consent to the jurisdiction of those courts.

(K) Copyright Infringement

ETS is committed to respecting others' intellectual property rights, and we ask our users to do the same. ETS may, at its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to ETS's Copyright Agent:
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number and email address so that we may contact you;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ETS's Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:

ETS Office of the General Counsel Rosedale Road Mail Stop 01-J Princeton, NJ 08541 USA A copy of the notice and supporting materials should also be submitted electronically to dmca.agent@ets.org.

(L) Grievance Redressal

We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at the contact address below. In case you have any grievances, you can reach out to our Grievance Officer at the below mentioned coordinates-
Name of the Grievance Officer: Lejo Sam Oommen
Contact details: redressal.grievance@etsindia.org
Effective Date: April 1, 2023

Terms Governing Use of Rs. 1,500 Discount Offer for TOEFL

*1,500 Rupees off discount applies to one test administration fee for a TOEFL iBT test when registration takes place between now and 11:59 p.m. India Standard Time – IST Time Zone on September 30th 2024 and the test is taken in India before October 31th 2024. Fee and discount does not include all applicable fees, Value Added or similar taxes. For use on one test administration only. Cannot be applied to previous registrations or combined with any other offers. Not valid for cash or cash equivalent. There are no guarantees of seat availability, so examinees must register to reserve a seat and offer is good while supplies last. Offer is only valid for the TOEFL iBT test (test center or Home Edition) using promotion code. All TOEFL iBT test policies and procedures apply. Not valid for TOEFL Essentials test registrations. Offer is void where prohibited by law. All national, state and local laws and regulations apply. ETS may modify or discontinue this offer at any time without notice.

Terms Governing Use of Rs. 4,000 Discount Offer for GRE + TOEFL combo.

The discount is INR 4,000 when you take both. Apply the coupon code when you register for your GRE General Test to save 5%*! Then, save 20% on the TOEFL iBT® test when you add it to your cart while registering for the GRE and checking out. The discount is Valid for registrations completed by August 31, 2024, when the test is taken by September 20, 2024. Fee and discount does not include all applicable fees, Value Added or similar taxes. For use on one test administration only. Cannot be applied to previous registrations or combined with any other offers. Not valid for cash or cash equivalent. There are no guarantees of seat availability, so examinees must register to reserve a seat and offer is good while supplies last. Offer is only valid for the GRE and TOEFL iBT test (test center or Home Edition) using promotion code. All GRE and TOEFL iBT test policies and procedures apply. Offer is void where prohibited by law. All national, state and local laws and regulations apply. ETS may modify or discontinue this offer at any time without notice.

Terms Governing Use of Rs. 1,000 Discount Offer for GRE

*1,000 Rupees off discount applies to one test administration fee for a GRE Geenral test when registration takes place between now and 11:59 p.m. India Standard Time – IST Time Zone on September 30th 2024 and the test is taken in India before October 31th 2024. Fee and discount does not include all applicable fees, Value Added or similar taxes. For use on one test administration only. Cannot be applied to previous registrations or combined with any other offers. Not valid for cash or cash equivalent. There are no guarantees of seat availability, so examinees must register to reserve a seat and offer is good while supplies last. Offer is only valid for the GRE General test (test center or Home Edition) using promotion code. All GRE test policies and procedures apply. Offer is void where prohibited by law. All national, state and local laws and regulations apply. ETS may modify or discontinue this offer at any time without notice.

INR 6,000 OFF on the GRE retest
Terms and conditions
The discount of INR6000 off a GRE General Test retake is valid for a test appointment in India, Bangladesh, Bhutan, Pakistan, Nepal and Sri Lanka on or before September 30, 2024. Eligibility is dependent upon having taken the GRE General Test at least once in the past 5 years. The discount can be used for up to three test registrations; however, as you can only take the GRE General Test once every 21 days, it’s best to plan ahead. The discount cannot be applied to previous registrations or purchases combined with other offers. Not valid for cash or cash equivalent. There are no guarantees of seat availability. Offers are void where prohibited by law. All federal and local laws and regulations apply. ETS may modify or discontinue these offers at any time without notice.

Terms Governing Use of Rs. 2,000 Discount Offer for TOEFL

*2,000 Rupees off discount applies to one test administration fee for a TOEFL iBT test when registration takes place between now and 11:59 p.m. India Standard Time – IST Time Zone on September 30th 2024 and the test is taken in India before October 31th 2024. Fee and discount does not include all applicable fees, Value Added or similar taxes. For use on one test administration only. Cannot be applied to previous registrations or combined with any other offers. Not valid for cash or cash equivalent. There are no guarantees of seat availability, so examinees must register to reserve a seat and offer is good while supplies last. Offer is only valid for the TOEFL iBT test (test center or Home Edition) using promotion code. All TOEFL iBT test policies and procedures apply. Not valid for TOEFL Essentials test registrations. Offer is void where prohibited by law. All national, state and local laws and regulations apply. ETS may modify or discontinue this offer at any time without notice.

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