Terms and Conditions / Terms of Use

These Terms and Conditions ("Terms") govern your access to and use of the Dynamic Professional Skills (DPS) Educational Society Olympiads website and platform. By accessing or using the platform, you agree to be bound by these Terms, which are formulated in strict compliance with the Information Technology Act, 2000 (IT Act), the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023 (DPDP Act).

1. Electronic Record and Publication

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 (read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021) that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the domain name https://www.dynamicexams.org/ ('Website'), including the related mobile site and mobile application (hereinafter referred to as the 'Platform').

2. Platform Ownership

The Platform is owned by DPS Educational Society, a trust incorporated under the Societies Registration Act, 1860 with its registered office at B-16, Motikunj Extension, Mathura, Uttar Pradesh (hereinafter referred to as 'Platform Owner', 'we', 'us', 'our').

3. Definitions and Acceptance

For the purpose of these Terms of Use, wherever the context so requires 'you', 'your' or 'user' shall mean any natural or legal person who has agreed to become a user/buyer on the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Your use of the Platform and services and tools are governed by these Terms of Use. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transactions. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

4. User Eligibility and Parental Consent (DPDP Act, 2023)

Because the Platform provides Olympiad examinations primarily for school students, special provisions apply under the Digital Personal Data Protection Act, 2023 (DPDP Act):

  • Verifiable Parental Consent: Any user under the age of 18 must have their parent or lawful guardian register on their behalf or provide explicit, verifiable consent before providing any personal data.
  • Guardian Accountability: The parent or lawful guardian accepting these terms assumes full legal responsibility for the child's use of the Platform and any data shared.
  • Data Processing Restrictions: We strictly prohibit the behavioral monitoring, tracking, or profiling of children. However, student database may be shared with Educational Partners/Sponsors who may use it for educational outreach and publicity (limited by the sponsorship agreement). We do not process data in any manner likely to cause detriment to a child's well-being.

5. Obligations and Conditions of Use

The use of the Platform and/or registering for our Services is subject to the following conditions:

  • Accuracy of Information: To access and use the Services, you agree to provide true, accurate, and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account.
  • Lawful Use: You agree not to use the Platform and/or Services for any purpose that is unlawful, illegal, or forbidden by these Terms, or Indian or local laws that might apply to you.
  • Payment of Charges: You agree to pay us the charges associated with availing the Services. You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner.
  • Intellectual Property: The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents, including but not limited to the design, layout, look, and graphics.
  • Unauthorized Use: You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws.

6. Payment and Refund Policy

  • Payment of Charges: You agree to pay us the charges (registration fees) associated with availing the Services and participating in the Olympiad examinations. You understand that upon initiating a transaction for availing the Services, you are entering into a legally binding and enforceable contract with the Platform Owner.
  • No Refund Policy: All payments made on the Platform are final and non-refundable. Once the registration fee has been successfully paid, we do not offer any refunds, cancellations, or chargebacks under any circumstances. This includes, but is not limited to, the user's inability to participate in the examination, failure to clear the exam, technical issues occurring on the user's end (such as internet failure or device malfunction), or the subsequent withdrawal of data processing consent under the DPDP Act.

7. User Content Restrictions (IT Rules, 2021)

Users and guardians agree not to host, display, upload, modify, publish, transmit, store, update, or share any information that:

  • Belongs to another person and to which the user does not have any right.
  • Is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, or otherwise unlawful.
  • Is harmful to children in any way.
  • Infringes upon any patent, trademark, copyright, or other proprietary rights.
  • Deceives or misleads the addressee about the origin of the message or knowingly communicates false information.

8. Academic Integrity & Anti-Cheating

The primary purpose of the Platform is fair educational assessment. Any form of cheating, impersonation, or the use of unfair means during the Olympiad examinations is strictly prohibited. We reserve the right to disqualify any participant and revoke access if anomalous activity is detected.

9. Third-Party Links

You agree and acknowledge that the Website and Services may contain links to other third-party websites. On accessing these links, you will be governed by the terms of use, privacy policy, and such other policies of such third-party websites. These links are provided for your convenience to provide further information.

10. Disclaimers and Limitation of Liability

  • Assumption of Risk: Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
  • No Warranties: Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials offered on this website or through the Services for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

11. Indemnification

You shall indemnify and hold harmless the Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim, demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:

  • Your breach of this Terms of Use, Privacy Policy, and other Policies.
  • Your violation of any law, rules or regulations, or the rights (including infringement of intellectual property rights) of a third party.

12. Force Majeure

Notwithstanding anything contained in these Terms of Use, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event (events outside the reasonable control of the Platform Owner, including but not limited to acts of God, natural disasters, cyber-attacks, or government restrictions).

13. Governing Law and Jurisdiction

  • These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.
  • All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Mathura, Uttar Pradesh, India.