TERMS & CONDITIONS

Participation in the BARC India Media Workstation (BMW) Online Certification (“Test”) is limited to registered users (“You”) on www.ePravesh.com (“Website”), who are interested in obtaining an authorized certificate from Broadcast Audience Research Council India (“BARC India or We”). By using or accessing the Website or by clicking a box that states you agree to these Terms during the registration process, you acknowledge that you have read and agreed to be bound by and comply with these Terms. You also acknowledge that these Terms constitute a binding agreement between you and BARC India. BARC India may amend the Terms from time to time in its sole discretion. Amendments will be effective immediately on publication on BARC India’s website. Your continued use of BARC India’s website following amendments to the Terms constitutes your acceptance of the amended Terms. In addition to any of the Terms & Conditions displayed on the Website, you agree to the following:

1. You agree and acknowledge that the subject-matter and grading criteria for the Test have been provided by BARC India to the Website. BARC India does not make any representations or warranties about the availability, functionality or performance of the Website or the Services or the accuracy, completeness of any of the content or data accessible through the Website.

2. You acknowledge that, by offering the Test, BARC India has not and does not make any representation or warranty that completion of the Test will qualify you for any award, promotion, increment or any such qualification.

3. Subject to your satisfactory completion of the Test, as determined by BARC India, in its sole discretion, you may be awarded a certificate acknowledging your completion of the Test (“Certificate of Achievement”). The content of a Certificate of Achievement will be determined by BARC India, in its sole discretion, and may change from time to time.

4. BARC India reserves the right to cancel, suspend, reschedule or modify the content of Test at any time, in its sole discretion.

5. You agree that the grading criteria shall be internally decided by BARC India and you shall not question BARC India or its representatives about the same, at any point.

6. All results generated shall be final and binding upon you taking the Test.

7. Data Privacy:

   1. By accessing or participating in the Test, you expressly consent to collect, store and use your Personal Information in any manner as described herein. Personal information refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial information, passwords and credit card information (“Personal Information”).

   2. We only collect Personal Information that you choose to provide BARC India or for the collection of which we have your consent.

   3. The collection and usage of the Personal Information and Non-Personal Information shall at all times be in compliance with the requirements of the applicable data protection laws.

   4. BARC India may automatically collect certain information such as your average time spent, your IP address, name of your internet service provider, device specific information, your browser type, operating system and language, your device etc. (“Non-Personal Information”). This Non-Personal Information is anonymous information that cannot be easily used to personally identify you. BARC India may use such Non-Personal Information for the purposes of administering the Test, analysing user trends, gathering demographic information, ascertaining how our visitors use the Website, evaluating your use of the information on the Website, etc.

   5. We may share this Non-Personal Information with third party service providers and content programmers and for other bona fide purposes as BARC India may desire, at its sole discretion. By using the Website, you expressly provide BARC India with your consent to access such information for one or more purposes, as deemed fit by BARC India. BARC India shall not be held responsible for the collection and use of your Non-Personal Information by these third parties. BARC India assumes no liability whatsoever for any disclosure of Non-Personal Information due to unauthorized third party access or other acts of third parties, or any other acts or omissions beyond reasonable control of BARC India.

   6. In the event BARC India is required to respond to court orders or any other legal process, your Personal Information may be disclosed pursuant to such court order or legal process, which may be without notice to you.

   7. We shall make every reasonable effort to preserve the privacy and confidentiality of your Personal Information shared with us and we shall not allow any unauthorized persons or organization to use any Personal Information that we may collect from you.

   8. Your Personal Information will not be stored for longer than is necessary for the purposes described herein above, or to otherwise meet legal requirements.

8. You indemnify and agree to keep BARC India indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by BARC India in connection with any claim made against BARC India by a person in connection with your actions in accessing or using the Website.

9. BARC India is not responsible for the conduct, actions or information of any user of the Website or any other third party, and you release BARC India from any liability or claim you may have against such persons.

10. You must obey any lawful instruction that BARC India gives you in the course of participating in the Test/ using the Website.

11. You must not impersonate any person (including a staff member of BARC India) while participating in the Test.

12. Under no circumstances shall BARC India be liable to you for any indirect, incidental, consequential, punitive or special damages.

13. You shall not assign or transfer your rights or obligations under these Terms to any person or third party in any manner whatsoever. All BARC India’s rights and obligations shall be freely assignable.

14. You represent and warrant that you will comply with all applicable laws when participating in the Test/ accessing the Website.

15. Governing Law & Jurisdiction: These Terms shall be interpreted and governed in all aspects in accordance with the laws of India. Each Party submits to the exclusive jurisdiction of the courts of Mumbai, India (and no other courts).

16. Queries/Complaints: If you have any questions or complaints regarding the Test (or any issue connected with it) please contact us at bmwcertification@barcindiaindia.co.in.