Terms
and Conditions of License Agreement
Scope
of Agreement
Under
this Agreement, “HR-INFO” and “NHSI” join hands to make use of each others
expertise in offering “SWcaliber” online IT &
Aptitude tests to candidates, corporate (software companies etc.),
Recruiters and educational and training institutes. You have ordered a
Quick/Fast/Full Test subscription and designated a prospective employee,
current employee, your student or yourself (in case of candidate) as a
user. As a designated user, you are eligible for an Individual
Subscription to the Service. By using the Service, you agree to accept
your Individual Subscription and be bound by this Agreement.
We may
change this Agreement at any time. We will e-mail you the notification of
changes on the Service. If any of the changes mentioned are not
acceptable, to you, you may terminate your subscription as described
below. Your continued use of the Service, after posting of any changes,
will mean you accept those changes.
Subscription
Information
When
you register for SWcaliber tests, you will provide us with accurate and
complete registration information and advise us promptly of any changes.
If you don't, you will be in breach of this Agreement allowing us to
immediately terminate your subscription and use of the Test. When you
register, you will have your own user name (if the same is not taken by
someone already) and password.
Individual Candidate
will be using “SWcaliber” tests for his/her self assessment, to know his/her
strengths and weaknesses in that particular Skill area, he/she will be
entitled to buy/Subscribe to only the Type of Tests offered by us at that
instance. Once he/she buys the Tests, he/she will be issued the “User Name”,”Test
Password”(for taking designated Test) and “Reports Password”(for viewing
only the Reports after completion of the Test).
Corporate,
Recruiters and any other Subscribers will be using “SWcaliber” tests for
screening of candidates for their own recruitment activity or for others.
They are offered all three types of Tests i.e., Quick / Fast / Full Tests.
Once they Subscribe for the Tests, they will be issued the “User
Name”,”Test Password”(for taking designated Test) and “Subscriber
Password”(for going to Customization Area, Administer Test area to send
tests through e-mail and viewing Candidate’s Reports and Subscriber
Reports, after completion of the Test).
In
both above referred cases, after completion of the No. Of Tests and Type
of Tests bought / Subscribed, their access to the “Test Area” will
automatically be limited and users may buy some more Tests and get the acceess to the Test Area. However, access to “Reports Area” will
continue for sufficient time.
Online
Commercial Transactions
“Hr-info”
on behalf of “SWcaliber” will collect only the information necessary to
complete your order. This information will include at a minimum your name and address. In the case of credit card transactions, we will collect
the necessary information to do the billing. All credit card transactions
will take place on a secure, encrypted server. Credit card numbers is not stored on any server. The information you provide will be used only for processing your order and
will not be given out to third parties.
Rights
and Responsibilities
Everything
available on this site is referred to as "Materials." We reserve all
rights over the Materials. You may not use any "Material", except as
permitted under this Agreement. You may not do anything with the Materials
except in accordance with the instructions on the Service. Unless we
explicitly give you permission at the time you access the Materials, you
may use and access, you are not allowed to download and copy our Materials
or print our materials except where it is authorized i.e., where “Print”
option is provided for your personal use. In any event, you must keep all
our copyright and other notices on the Materials. Your subscription and
the privilege that we grant you under this Agreement to use the Materials
are non-transferable and non-assignable.
THE INFORMATION PROVIDED ON THESE
WEB PAGES AS IS AND WITHOUT ANY WARRANTIES. COMPANY NAME DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
WILL COMPANY NAME BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE, OR DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN
CONTRACT, NEGLIGENCE OR ANY OTHER MEANS. We may make changes to the web page
material and the Product information and prices at any time without notice and
without obligation to update the materials contained on these web pages.
Your
usage of our site implies your acceptance of Terms &Conditions Agreement.
The
software, including any file, image incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you for limited use as per subscription
details. You own the medium on which you record the Software, but we
retain full and complete title to the Software, and all intellectual
property rights therein.
You may not permit another person, except
another authorized user of your subscription, to use your subscription,
username, password, or the Service, directly or indirectly. The Primary
Subscriber is responsible for all use, activities and charges associated
with or arising from your subscription and use of the Service, including
any unauthorized use under the subscription, user name and/or password.
You also may not use, nor allow others to use, your subscription, user
name, password or the Service, directly or indirectly, to attempt to or
actually disrupt, impair or interfere with, alter or modify the Service or
any Material act in a way that affects or reflects negatively on us,
transmit or communicate any advertising, promotion or application, collect
or attempt to collect any information of others, including passwords,
account or other information.
Trademarks
The "SWcaliber", SWcaliber logo
are trademarks of New Horizons Incorporation Limited and its
affiliates. All other trademarks are held by their respective holders.
Communication
services
By
communication services we mean the services provided to you to get in
touch with any other related sites or us. You shall not upload to,
distribute through, or otherwise publish through the site any content that
is derogatory, defamatory, obscene, pornographic, threatening, invasive of
privacy or publicity rights, abusive, illegal or otherwise objectionable
or that would constitute or encourage a criminal offense, violate the
rights of any party, or otherwise give rise to liability or violate any
law. You shall not, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, promotion,
advertising or solicitation for goods or services. You hereby indemnify us
and our affiliated companies and persons against any liabilities arising
out of a breach of your representations, including reasonable attorneys'
fees.
By uploading materials to any of our services or submitting
any materials to us, you automatically grant to us a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from
and distribute such materials or incorporate such materials into any form,
media or technology now known or later developed throughout the
world.
We do not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information displayed, uploaded
or distributed through the services by an subscriber, information provider
or any other person or entity. You acknowledge that any reliance upon such
opinion, advice, statement or information shall be at your own risk.
Services
We
may change, modify, suspend or discontinue any aspect of the Service at
any time, including, without limitation, the availability of any Service
feature, content, hours of availability or equipment needed to access the
Service. We may also impose limits on certain features or restrict your
access to parts or all of the Service without notice or
liability.
Information
about You
Our
Privacy Policy describes our collection and use of personal information.
* Disclaimer
*
As with most software, “SWcaliber” software and content including Questions and
Answers,includes a warranty disclaimer. The software and content including Questions and Answers accompanying files are distributed "AS-IS" and without warranties
as to performance,accuracy or Merchantability or any other warranties whether express or implied. Utmost care is taken regarding the accuracy and No warranty of the accuracy and of any implications of the software is offered.
In addition, by using the software/taking Tests, you indicate your
acceptance of the
License
agreement.
We
make an effort to provide you with access to the Test and other services
at all times, but we do not warrant that it will be uninterrupted, shall
be error-free or the server that makes it available are free of viruses or
other harmful components.
Further, we disclaim any responsibility
for the accuracy, content or availability of information found on a site
that links to or from the Service (a "third-party site"). We may offer
links to, or incorporate into the Service, third-party sites that offer
you various products and/or services. We do not guarantee that you will be
satisfied with the services of a third-party site, and all the
transactions you make with them are at your risk.
Governing
Law and Interpretation All the legal issues pertaining to the site
providing SWcaliber tests would be dealt in the courts of the United
States of America.
Privacy Policy
The site providing
“SWcaliber” online tests is maintained by NHSI and is designed to provide
access to testing services and to facilitate communication between our
users and NHSI. NHSI recognizes the importance of protecting the privacy
rights of our users and any information shared between the users and NHSI
is securely managed and safeguarded in accordance with all applicable laws
and the policies and guidelines set forth below.
Our Policy
NHSI automatically collects
certain aggregate data about our visitors, such as browser types, domain
names, IP addresses, pages visited, and the length of user sessions. This
information is used to evaluate areas of interest and to improve our Web
site. Any information automatically collected is shared with the
contractors who assist NHSI with programming and technical aspects of
hosting and Web site operation and may be shared, with your permission,
with other third parties or used by NHSI to offer you goods and services
that, in the opinion of NHSI, may facilitate the transition from high
school to college or may make your college experience more enjoyable and
cost efficient. All contractors who work with NHSI subscribe to its
confidentiality and privacy conditions.
The NHSI collects personally
identifiable information that is voluntarily provided by the user. A
user's e-mail address and other personally identifiable information which
are collected from product orders, test registrations, or online surveys
are used only for the purposes described in the preceding paragraph. Any
and all personally identifiable information that is collected is
maintained by NHSI in accordance with our terms of service, the
confidentiality policies set forth here with and applicable laws. By
providing such information, the user consents to NHSI's Privacy Policy,
including the uses of the information described in this Policy.
For the
convenience of our users, we may use the opportunity to provide the links to Web sites of
organizations not related to this site. We are not responsible for the
content or privacy policies of linked sites.
These guidelines have been developed with the
recognition that Internet technologies are rapidly evolving. Accordingly,
our privacy policy may be subject to future changes to adapt to changing
technologies, or to changes in applicable laws in order to better serve
our users. Any changes will be promptly posted on this page.
If you have questions or
comments about our Privacy Policy, please email us.
***