These Terms and Conditions (“Terms”) constitute a legally binding agreement between You (“User”, “Client”, or “you”) and ProctorLink by Take2 Technologies (“Company", “we”,”us”, or “our”). By accessing or using the ProctorLink platform (“Service”), including any related websites, mobile applications, or software provided by us, you agree to be bound by these Terms.
For the purposes of this Agreement, the following terms shall have the meanings ascribed below:
By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Continued use of the Service constitutes acceptance of any revised Terms. If you are accepting these Terms on behalf of an Educational Institution or other organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
We reserve the right to modify or update these Terms at any time by posting the revised Terms on the ProctorLink website. Your continued use of the Service following such changes constitutes your acceptance of the updated Terms. We recommend reviewing the Terms periodically.
ProctorLink is a Proctoring as a Service (PaaS) solution designed to facilitate secure and reliable online examination requirements. The Service includes functionalities of identity verification, automated and human proctoring, real-time monitoring, warning alerts, secure exam browser, comprehensive proctoring reports, and complete data ownership.
While we strive to provide a high level of service availability and performance, the Service is provided “as is” without any guarantee of uninterrupted or error-free operation. We may occasionally schedule maintenance windows during which the Service may be unavailable or limited.
Account Creation
To access features of the Service, you are required to create an account on Moodle TM (as ProctorLink is integrated with Moodle TM learning management system) and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials
Account Security
You are solely responsible for, (a) maintaining the security of your account credentials; (b) all activities that occur under your account; and (c) notifying us immediately of any unauthorised access to your account.
Account Termination
We reserve the right to refuse service, terminate access or remove content at our sole discretion.
License to Use
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use this Service solely for your internal business or educational purposes.
Restrictions
You agree not to (a) modify, distribute, or create derivative works from the Service; (b) reverse engineer, decompile, or disassemble the any portion of the Service; (c) use the Service for any unlawful purpose; (d) attempt to gain unauthorised access to any portion of the Service; (e) interfere with the security or integrity of the Service; (f) circumvent, disable or interfere with security related features of the Service; or (g) use the Service to conduct exams in a manner that violated academic integrity.
Fees and Payment
Access to and use of the Service may be subject to fees as detailed on our website or in separate written agreements.You agree to pay all charges incurred in connection with your use of the Service according to the payment terms established.
Payment Methods
We accept payment via methods specified on our website or in our written communications.
Refunds
All fees are non-refundable unless expressly provided otherwise in writing or required by applicable law.
Billing Disputes
Any billing disputes must be reported within thirty (30) days of the charge date.
Consequences of Non-payment
Failure to pay any amounts due may result in suspension or termination of your access to the Service without further notice.
Our Intellectual Property
All intellectual property rights, including copyrights, trademarks, patents, and trade secrets, in the Service and any related materials are and shall remain the exclusive property of ProctorLink (Take2 Technologies).
Your Content
You retain the ownership of any intellectual property rights in the User Content you submit. However, by submitting User Content, you grant us worldwide, non-exclusive, royalty-free license to use, store, process, and display such content solely for the purpose of providing the Service.
Feedback
If you provide any feedback, ideas, or suggestions regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback for any purpose without attribution or compensation.
Data Security
We implement commercially reasonable technical, administrative, and physical measures to safeguard the security of your data. However, you acknowledge that no security measures are completely infallible.
Privacy Policy
Your use of the Service is governed by our Privacy Policy, which is incorporated as reference into these Terms. You acknowledge that you have read and understood the Privacy Policy.
Educational Data
If you are an Educational Institution subject to educational privacy laws, you remain responsible for your compliance with these laws. We will process student data only as directed by you and in accordance with our role as a service provider.
Recordings and Monitorings
You understand and consent that during exams, the Service may record video, audio, screen activity, and related data. Educational Institutions may access these recordings for exam integrity purposes.
You agree to use the Service in compliance with all applicable laws and regulations. Prohibited conduct includes, but is not limited to, the following:
This Privacy Policy shall be governed by and construed in accordance with the laws of Bhilwara,Rajasthan,India. Any dispute arising from or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts located within Bhilwara,Rajasthan,India.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL PROCTORLINK (TAKE2 TECHNOLOGIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless ProctorLink (Take2 Technologies), its affiliates, and their respective directors, officers, employees, and consultants from and against any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising from your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity, any content submitted by you, or any actions taken using your account.
Term
These Terms shall remain in effect until terminated by either party.
Termination by You
You may terminate your subscription at any time by following the cancellation procedures set forth on the Service or by contacting us directly.
Termination by Us
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for (a) conduct that we believe violates these Terms; (b) actions harmful to other users or to the integrity of the Service; (c) failure to pay fees when due; or (d) suspected fraudulent activity
Effect of Termination
Upon termination, (a) all rights granted to you under these Terms will immediately cease; (b) you must promptly cease all use of the Service; (c) any fees paid in advance will not be refunded unless required by law; or (d) provisions of these Terms that by their nature should survive termination shall survive.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Bhilwara, Rajasthan, India, without regard to its conflict of laws principles.
Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through the courts of Bhilwara, Rajasthan, India.
Informal Resolution
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us. If we are unable to resolve the dispute within thirty (30) days, either party may proceed with formal resolution methods.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and ProctorLink (Take2 Technologies) regarding the use of the Service and supersede all prior or contemporaneous communications whether electronic, oral, or written.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect.
No Waiver
The failure of ProctorLink (Take2 Technologies) to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice.
Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by events beyond our reasonable control.
Language
These Terms are written in English. Any translation is provided for convenience only, and the English version shall prevail in case of any conflict.
For any questions, concerns, or requests regarding these Terms or the Service, please contact:
Email: [email protected]
Address: A-124, 1st Floor, Shastri Nagar, Bhilwara (Raj.) - 311001
Phone: +91-9887800479
By using the ProctorLink Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.