Terms of use

1. Definitions and interpretation

1.1 "Platform" means the website and web application known as Exam with Me, together with every feature and service offered through it. "We", "us" and "our" refer to Rank Guard EdTech (rankguard.in), Jhunjhunu, Rajasthan - 333022, India. "You", "your" and "User" refer to any natural person who accesses or uses the Platform.

1.2 "Content" means any text, information, data or other material that a User posts, sends, uploads or otherwise makes available through the Platform. "Applicable Law" means every statute, rule, regulation, order and judicial decision in force in India. "Intermediary Rules" means the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time.

1.3 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and the other way round, and "including" means "including without limitation".

2. Acceptance of these Terms

2.1 By creating an account, ticking the box that confirms your agreement, or otherwise accessing the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

2.2 These Terms incorporate by reference our Privacy Policy and our Safety Guidelines. Together, these documents constitute our rules and regulations, privacy policy and user agreement for the purposes of Rule 3(1)(a) of the Intermediary Rules.

3. The service

3.1 The Platform enables persons sitting the same examination, on the same date and at the same center, to find one another, send connection requests and chat. The Platform is offered free of charge.

3.2 We are not affiliated with, endorsed by or acting for any examination conducting body. Examination details shown on the Platform are drawn from official notices or contributed by Users, and may be incomplete or out of date. You must always rely on your admit card and the official website of the conducting body.

3.3 We may modify, suspend or discontinue any part of the Platform at any time, with or without notice, and shall have no liability to you for doing so.

4. Eligibility and accounts

4.1 You may use the Platform only if you have completed eighteen years of age and are competent to contract under the Indian Contract Act, 1872. By creating an account, you represent and warrant that you meet these conditions.

4.2 You shall provide your real name and date of birth, keep your information accurate and current, and hold no more than one account. You are responsible for keeping your sign-in credentials confidential and for every activity carried out through your account, and you shall inform us without delay of any unauthorised use.

4.3 We may refuse registration, or close any account, where we have reason to believe that the information provided is false or that the account is being used in breach of these Terms.

5. Prohibited content

5.1 In accordance with Rule 3(1)(b) of the Intermediary Rules, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

• (a) belongs to another person and to which you do not have any right;
• (b) is obscene, pornographic, paedophilic or invasive of another person's privacy, including bodily privacy; is insulting or harassing on the basis of gender; is racially or ethnically objectionable; relates to or encourages money laundering or gambling; or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• (c) is harmful to children;
• (d) infringes any patent, trademark, copyright or other proprietary right;
• (e) deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates any misinformation or information that is patently false and untrue or misleading in nature;
• (f) impersonates another person;
• (g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order; causes incitement to the commission of any cognisable offence; prevents the investigation of any offence; or is insulting to another nation;
• (h) contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• (i) is an online game that is not verified as a permissible online game, or is an advertisement or surrogate advertisement or promotion of such a game or of any online gaming intermediary offering it; or
• (j) violates any law for the time being in force.

6. Prohibited conduct

6.1 Without limiting Section 5, you shall not:

• (a) post examination details that you do not genuinely intend to act on, or create a fake or duplicate profile;
• (b) send spam, run any scam, or ask any User for money, payment or any other consideration;
• (c) sell, offer or advertise question papers, leaked or otherwise, coaching, accommodation, transport or any other goods or services;
• (d) share any other person's personal details, photographs or contact information without their consent;
• (e) harass, threaten, stalk or intimidate any User, whether on the Platform or outside it;
• (f) use any bot, scraper or other automated means to access the Platform or to copy its content, or attempt to circumvent any rate limit or security measure; or
• (g) assist or encourage any other person to do any of the above.

7. Your content

7.1 You retain ownership of the Content you post. You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce and display that Content, and to deliver it to other Users, to the extent necessary to operate the Platform. This licence ends when the Content is deleted in accordance with our Privacy Policy, except where we are required by law to retain it.

7.2 Telephone numbers, email addresses and web links in notes, center names and connection messages are removed automatically. We may also remove or disable access to any Content that, in our reasonable opinion, breaches these Terms.

7.3 You are solely responsible for your Content. We do not endorse any Content and do not review Content before it appears on the Platform.

8. Our role as an intermediary

8.1 We are an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000, and we claim the exemption from liability available under Section 79 of that Act. We do not initiate the transmission of Content, select its receiver, or select or modify the information it contains.

8.2 On receiving actual knowledge, by way of an order of a court of competent jurisdiction or a lawful notice from the appropriate Government or its authorised agency, that any Content is unlawful, we shall remove or disable access to it within the time prescribed by the Intermediary Rules. We shall preserve such Content and associated records for such period as Applicable Law requires.

9. Consequences of breach

9.1 If you breach these Terms, we may, at our discretion and without prior notice, remove or disable access to your Content, close your chats, suspend your account for a period, or terminate it. Where your account is restricted, you will be shown the reason when you sign in and may file an appeal from that screen.

9.2 Non-compliance with these Terms may also attract penal consequences under the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and other Applicable Law.

9.3 We shall report offences to the appropriate authorities where we are required to do so, including under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012, and shall cooperate with lawful requests from law enforcement agencies.

10. Interaction with other Users

10.1 You alone decide whom to connect with, what to share and whether to meet anyone in person. We do not conduct background checks and do not verify the identity of Users beyond an email address. You should follow our Safety Guidelines at all times.

10.2 Any dispute between you and another User is solely between the two of you. We are under no obligation to become involved, although we may act on reports in accordance with these Terms.

11. Intellectual property

11.1 The Platform, including its software, design, text, graphics and the name and marks "Exam with Me", is owned by or licensed to Rank Guard EdTech and is protected by Applicable Law. Except for the limited right to use the Platform under these Terms, no right, title or interest in it is granted to you.

11.2 City data is drawn from GeoNames and profile avatars are adapted from the DiceBear "Adventurer Neutral" collection by Lisa Wischofsky, each under the Creative Commons Attribution 4.0 licence.

12. Disclaimer of warranties

12.1 The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by Applicable Law, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the Platform will be uninterrupted, timely, secure or free of errors.

13. Limitation of liability

13.1 To the fullest extent permitted by Applicable Law, Rank Guard EdTech, its owners, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of opportunity, data or goodwill, arising out of or in connection with the Platform, including any missed examination, travel expense, or harm caused by the act or omission of another User.

13.2 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law.

14. Indemnity

14.1 You agree to indemnify and hold harmless Rank Guard EdTech, its owners, employees and agents from and against any claim, demand, loss, liability, penalty or expense, including reasonable legal fees, arising out of your breach of these Terms, your Content, or your violation of any Applicable Law or of the rights of any third party.

15. Termination by you

15.1 You may stop using the Platform and delete your account at any time from the You tab by choosing Delete account. The treatment of your personal data on deletion is described in our Privacy Policy.

15.2 Sections 7, 8, 12, 13, 14, 17 and 19 shall survive the termination of these Terms.

16. Amendments

16.1 We may amend these Terms from time to time. The date at the top of this page shows when they were last amended. Your continued use of the Platform after an amendment takes effect constitutes your acceptance of the amended Terms.

17. Governing law and jurisdiction

17.1 These Terms are governed by and shall be construed in accordance with the laws of India. Subject to Section 18, the courts at Jhunjhunu, Rajasthan shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Platform.

18. Grievance redressal

18.1 To report a post, chat or User, use the Report option in the Platform. For any other complaint, including a complaint about Content or about a breach of these Terms, you may contact our Grievance Officer, appointed under Rule 3(2) of the Intermediary Rules:

Sunil Kumar, Grievance Officer, Rank Guard EdTech, Jhunjhunu, Rajasthan - 333022, India. Email: sunil@rankguard.in

18.2 Your complaint should state your account email address and identify the Content or matter complained of, with a link or description sufficient to locate it.

18.3 The Grievance Officer shall acknowledge your complaint within twenty-four hours and resolve it within seven days of receipt. A complaint seeking the removal of Content of the kind described in Section 5 shall be acted upon within thirty-six hours. A complaint concerning Content that exposes the private area of a person, shows a person in full or partial nudity or in a sexual act, or is in the nature of impersonation including artificially morphed images, shall be acted upon within two hours.

18.4 If you are aggrieved by a decision of the Grievance Officer, you may prefer an appeal to the Grievance Appellate Committee constituted by the Central Government, through gac.gov.in, within thirty days of receiving that decision.

19. General

19.1 If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

19.2 Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision.

19.3 These Terms, together with the Privacy Policy and the Safety Guidelines, constitute the entire agreement between you and us concerning the Platform and supersede any prior understanding.

19.4 You may not assign or transfer your rights under these Terms. We may assign ours to any successor to the Platform.

19.5 We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including the failure of any service provider, network or power supply.