Terms and Conditions
This website is operated by ApplyBoard Inc. and its affiliates (“ApplyBoard”). Throughout the site, the terms “we”, “us” and “our” refer to ApplyBoard. ApplyBoard offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms or purchasing something from us through our website, you represent that you are at least the age of majority in your state, province or jurisdiction of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may at any time without notice terminate your access to the Service (or any part thereof).
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. If there are defects in the products you have purchased, we abide by all statutory guarantee regulations.
We reserve the right, but are not obligated, to limit the sales of our products or use of the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Prices for products sold on our website are subject to change without notice. We shall not be liable to you or to any third-party for any price change. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. All descriptions of products are subject to change at any time without notice, at our sole discretion.
You will be responsible for payment of all applicable taxes associated with purchases made from our website, including but not limited to any value-added taxes, goods and services taxes, sales taxes, excise taxes and duties. Any such applicable taxes that you will be required to pay will be shown to you before you submit an order on the applicable ordering page of our website.
Purchases made through our website are strictly non-refundable unless expressly stated otherwise in these Terms.
Product-Specific Terms: Vouchers for Standardized English Language Proficiency Tests
Through the website, we sell vouchers for standardized English language proficiency tests (“Tests”) provided by third party providers (“Language Testing Providers”). If you have purchased a Test voucher through our website, we will send the voucher electronically to the email address that you provide to us when making the order. We are not responsible or liable if you provide us with an inaccurate email address.Test vouchers purchased on our website are strictly non-refundable.
You acknowledge and agree that while we are an authorized reseller of vouchers for such Tests, we have no control or input over the availability or provision of the Tests themselves or the registration process in respect thereof.As such, to the maximum extent permitted by applicable law, we do not make any warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise, in connection with the Tests.
You should ensure that you are familiar with and approve of Language Testing Providers’ terms and conditions, including restrictions on use of the voucher and the Language Testing Provider’s test cancellation and rebooking policies (if any) before purchasing a voucher on our website.Please contact the applicable Language Testing Provider if you have a question or concern regarding sign-up, cancellation, rescheduling or other matters relating to a Test obtained through redemption of a voucher purchased on our website. All matters relating to Test registration, booking, rescheduling and cancellation are strictly between you and the Language Testing Provider. We will not provide refunds for Test vouchers purchased on our website under any circumstances. For certainty, the foregoing applies whether or not you have cancelled or rescheduled your Test in accordance with the applicable Language Testing Provider’s policies and procedures.
You acknowledge and agree that we are not responsible or liable whatsoever for the content, information, materials or websites of the Language Testing Providers or the availability or provision of Tests or the registration, rescheduling or cancellation processes and policies in respect thereof. You further acknowledge and agree that your use of the use of the Language Testing Providers’ websites and registration for, and taking of, the Tests is entirely at your own risk and discretion, and governed solely by terms and conditions between you and the Language Provider.
Vouchers offered are country specific. You understand and agree that vouchers for Tests are valid only for a specific country. ApplyBoard reserves the right to offer vouchers for different countries at different prices. Our website clearly states the country in respect of which a given voucher is valid. You understand and agree that prior to purchasing a voucher, you will ensure that you are purchasing the voucher that is appropriate for your jurisdiction, or else the voucher cannot be redeemed for a test. Please contact email@example.com prior to making a purchase if you have any questions regarding the validity of a voucher listed for sale on our website in your country or residence.
Vouchers have an expiry date. You understand and agree that, unless expressly stated otherwise on our website, vouchers for Tests automatically expire twelve (12) months from the date of purchase.
SECTION 6 - PAYMENT METHODS; ACCURACY OF BILLING AND ACCOUNT INFORMATION
You can pay for products purchased from our website through the online payment methods displayed at checkout. We reserve the right to add or remove online payment methods at our discretion and without notice. The applicable amount will be debited when you have placed your order in the checkout. We reserve the right to check the validity of a credit card used, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the results of these checks.
Pricing of products on our website is expressed in and payment must be made in US dollars unless expressly stated otherwise.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 13 - INTELLECTUAL PROPERTY
All intellectual property and rights thereto on our website, such as trademarks and copyrights, remain with ApplyBoard and its affiliates and licensors. Any use of our website or its contents, including copying or storing such content in whole or in part, other than for your own personal, non-commercial use, is strictly prohibited.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are to the maximum extent permitted by applicable law (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLYBOARD, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, YOUR USE OR INABILITY TO USE THE SERVICE OR OUR WEBSITE; THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO OR MESSAGES RECEIVED THROUGH OR FROM OUR WEBSITE; UNAUTHORISED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA SENT OR RECEIVED BETWEEN US; STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; OR ANY OTHER MATTER RELATING TO THE SERVICE, OUR WEBSITE, AND THE PRODUCTS PURCHASED ON OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE.
OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH YOUR ORDER ON OUR WEBSITE SHALL BE LIMITED TO THE TOTAL PRICE OF YOUR ORDER.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ApplyBoard and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY; WAIVER
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 17 - ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
SECTION 19 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the Terms or any issue with an order made on our website, please contact us at firstname.lastname@example.org.
101 Frederick Street, Suite 600
Kitchener, ON, Canada
P: +1 519 900 6001
Disclosure under Consumer Protection (E-Commerce) Rules, 2020 (India)
If you are resident in India and your question, complaint or concern is not resolved by email@example.com, then you may write to the Grievance Officer:
Name: Karunn K
Subject line: Customer Grievance
No. 304-305, Spaze I -Tech Park Tower B4, Sector 49, Sohna Road Gurgaon
Gurgaon HR 122018 India
Attention: Grievance Officer