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Terms of Service

The terms governing access to and use of Open Testing Service websites, products and services.

Last updated 17 April 2019

1. Term of Service (ToS)

OTS Term of Service (ToS) are between you and Open Testing Service referred as "OTS" entity that owns or operates the OTS services and products, which you are accessing or Using and by clicking "I Agree or similar button or checkbox" means you are accepting these Terms.

These terms are effective as of the date you click "I Agree or similar button or checkbox". These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking "I agree" (or similar button or checkbox) while using our service.

  • Product and Service Specific Terms: These Terms govern our product and service related to Support or any other Additional Services. These Terms include Our Policies (including our Privacy Policy), the Product / service Specific Terms, and you’re Orders. Some products or services may be subject to additional terms specific to that product or service as set forth in these terms.

2. ACCEPTANCE

OTS provides all the online services for its users including advertisements, Admission Tests, Recruitment Tests, Enterprise Solutions, Training, Research, Consulting, Employment Services, Printing Services, Form collection and date sheets. There are certain terms of uses so that any person who uses the website or the service in any manner including browsing the website and its content, posting comments or responding to any advertisements agrees to follow these “Terms of Service”. Moreover, for using any part of service you agree to accept any applicable posted guidelines for such service. This could be changed or be updated from time to time at OTS sole discretion. You need to know and accept that you are completely responsible for reviewing these terms from time to time. If you do not like the OTS service by any way or you object to any term or condition of these terms and any guidelines you have the choice to discontinue use of OTS with immediate effect. OTS will be sending you notices of changes to the website. All the content at OTS will be available in the English language.

3. DESCRIPTION OF SERVICE AND CONTENT POLICY

OTS provides all the online services for the convenience of its users. We are making it clear before our users that, OTS does not control and responsible for advertisements, business information, messages between users including e-mails sent from outside the domain of OTS or any other domain of electronic communication either through the website or by any other way. So is the case with any objectionable content which includes files, images, videos, or the sound you will be exposed to the content that is offensive, indecent, misleading, inaccurate or otherwise objectionable. You acknowledge and accept that you will take responsibility for any loss or damage of any kind of situation happened as a result of browsing, using or reading any content listed, emailed or otherwise available through the service. OTS permits only those goods and services to display and offer on the official website that is according to the stated terms. Moreover, we do not pre-screen, approve, delete or move any content that is available via service and this is absolutely right and discretion of OTS. This will be applicable if any violation for terms of services is brought before the notice of OTS. However, content on the website may contain links to any other third party websites, for which we are not responsible at all. You are using it at completely on your own risk.

You admit and concur that you are exclusively in charge of your own posted content, transmitted through linked or the service and consequences of publishing such posts. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. Regarding such Content posted on, transmitted through, or connected from the Service by you; you affirm, acknowledge, represent, warrant and pledge that

  1. All the contents you have developed such as photographs and description are according to the instructions and guidance provided by OTS on the website and that any copyrights therein belongs to OTS only. In any case, you have been assigned the copyrights, which will be only through the OTS permission.
  2. You accept that the data, as well as photos that you post on the website, is put away and arranged by OTS in a restrictive database and that the transferred data and additionally photos are altered by OTS by applying a watermark of OTS logo and in such derivate only OTS has copyrights.
  3. Content on the service and website shall continue for a certain time, and the content available on the website has the necessary licenses, consents, permissions and authorizations. All such content without any limitation has all patent, trademarks, trade secret, copyright or other proprietary rights. There could be an exemption if required that OTS authorizes and license such content to enable inclusion and use of the content in any manner according to the website terms of uses.
  4. You have written permission and additionally authorization of every single recognizable distinct individual or business in the content to utilize the name to empower consideration and utilization of the content according to the Website and these Terms.
  5. As aforesaid, by submitting any content on the website, where ever you retain any ownership rights in the content you allow to OTS an irrevocable, perpetual, non-cancellable, exclusive, worldwide, royalty-free, sub-licensable, transferable license to use reproduce, prepare derivative works of display and distribute authority. Such content will be in connection with the website and for the OTS business for the purpose of promoting and redistributing part or for any media formats and through any media channels. Moreover, you can post content to any public area of the service, only if you retain any rights granted by OTS and all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copyright, duplication, reproduction or exploitation of the content on website or service. Similarly, it will be applicable on website or service by any party for any reason including the right to initiate legal action according to the copyrights and other laws of Pakistan. You also grant each user of the Website a non-exclusive license to access the content shared or posted by you through the Website. Such license to each user granted by you terminates once you or OTS remove or delete such Content from the Website.
  6. OTS does not support any opinion, content, recommendation, statement, or advice and disclaims all liability in connection with user content. All the copyright infringing activities and infringement of intellectual property on the website are reserved for OTS only. Therefore, any infringing content which is properly notified in accordance with applicable law will be removed at the sole discretion of the OTS. We are authorized to remove any content without prior notice. In case we find someone infringing or indulged in any act contrary to these terms his or her access to the website will be terminated. A repeat infringer means a user who has been notified of infringing activities more than twice. Furthermore, such infringer had a user submission removed from the website twice or more. OTS reserves the right to decide whether any content is appropriate and complies with these terms or not.

4. CONDUCT

You make a deal to avoid posting, email, show, transfer, alter, distribute, transmit, update or offer any data on the Site, or generally make accessible Content:

That are violating any law or regulation

  1. All the intellectual property rights, proprietary rights, copyrights and patent rights including privacy and publicity rights are protected by trade secret or trademark. Unless you are licensed from the rightful owner or have permission or you are the owner of that specific right
  2. Content that you do not have a right to make available under any law or regulation and infringes any of the foregoing intellectual property rights of any party
  3. That is destructive, harsh, unlawful, undermining, annoying, blasphemous, abusive, profane, explicit, pornographic, offensive, obtrusive of another's security or different rights, contemptuous, or racially, ethnically frightful, deriding, relating or empowering tax evasion or illicit betting or hurts or could hurt minors in any capacity or generally unlawful in any way at all
  4. That is hateful, degrading, harassing or intimidating any individual or collectively on the basis of religion race, sexual orientation, ethnicity, disability or age
  5. That includes any personal or identifying information about another person, without his or her precise consent
  6. That impersonates any person or entity, as to be an OTS employee. If anyone misrepresents an affiliation with a person or entity or falsely states anything
  7. That anyone is misleading or deceiving the addressee about the origin of certain messages or communicates any information which is offensive or threatening in nature
  8. That is deceptive, false, misleading, deceitful or constitutes “bait and switch” offer
  9. That anything containing or constituting network marketing, multi-level marketing, affiliate marketing, pyramid schemes, link referral code, spam, junk mail, unsolicited advertisements or chain letters of a commercial nature
  10. That having any form of marketing or solicitation posted on the website which is not defined for such purpose. Those e-mails sent to OTS users who have requested not be contacted about products, services and commercial interests
  11. That any link to third party websites or commercial services other than permission of OTS
  12. That if anyone sales the prohibited or restricted by law items and advertises any illegal services prohibited or regulated a local law of the jurisdiction
  13. That contains files or programs designed to interrupt, software viruses or any other computer viruses, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource
  14. That negatively affects other user’s ability to use the service and interrupt the normal flow of dialogue with an excessive number of messages to the service
  15. That employs forged headers and manipulating identifiers for the purpose to change the derivation of content adopted through the service and employs misleading e-mail addresses

5. POSTING AGENTS

The term “Posting Agent” is referring to the third-party agent or service that wants to post the content on behalf of others. Posting agents are prohibited by OTS unless you have written permission. Additionally, posting content on behalf of others directly or indirectly is prohibited without written permission or license.

6. LICENSE TO ACCESS THE SERVICE

OTS provides you a precised, changeable, non-specific license to use the service for personal use. This license would not include any of the following

  • Services by posting agents, to access or use
  • Any kind of display, reproduction, duplication, copying, aggregation and collection or any use of data mining will not be licensed. Although, non-commercial public archives for the purpose of displaying hyperlinks, general purpose internet search engines which are already working are also included. Moreover, they all do so for the purpose of a stable IP address using an easily identifiable agent and complying with our robots.
  • There are few exceptions, “general purpose internet search engine” a website or search engine or any other service which is a subset of classifieds listings such as housing for sale, jobs, services or personals do not include. The license given according to the above-mentioned conditions allows you to create a hyperlink, to display on your website, for non-commercial and reporting purpose e.g. for any personal online media or for the purpose of personal blogs. If you exceed ninety-nine postings you will be considered to be a violation of these terms, unless OTS expressly allows you.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

OTS is not responsible for any copyright or intellectual property rights violation. Nor for all that materials posted, transmitted through the site and items advertised by the site by user or any other third party. If you are an agent who is fully authorized to act on behalf of the owner of intellectual property rights or you yourself are an owner of intellectual property rights, you may submit a notification to OTS against infringements to request to delete the relevant content. The request must contain the following information:

  1. To act on behalf of the owner of an exclusive right that is allegedly infringed a physical or electronic signature of an authorized person
  2. If multiple intellectual property rights at a single online site are covered by a single notification, identification of the intellectual property rights claimed to have been infringed and a representative list of such work at that site
  3. If any content claimed to be infringing which should be removed and disabled
  4. Any information OTS is authorized to contact you by any of these means, telephone number, electronic mail address, and telephone number if available
  5. A signed statement that you have a good belief that use of the content complained about is not authorized by the intellectual property right owner, its agent and the law
  6. A signed statement that intellectual property right holder claiming any third party in connection with the removing by OTS of the relevant content. And that you are authorized to act on behalf of the owner of an exclusive right that was surely infringed also that the information in the notification is accurate Notifications must be sent on authorized OTS website

8. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and confirm that the material on the website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos are licensed to OTS. All the intellectual property rights and copyrights are subject to under Pakistani laws. Sometimes, the third party may use them if permission granted by OTS. No one in any condition is allowed to decompile or disassemble such trademarks. Materials on the website are for your information and personal use only which should not be distributed, reproduced, copied, transmitted, displayed, sold, licensed or otherwise exploited without the prior written consent of the respective owner. OTS reserves all those rights also which are not expressly granted. You must retain all copyright and other proprietary notices contained therein if you download or print a copy of the materials for personal use. You accept to avoid, disable, or otherwise interfere with security-related features of the website that prevent copyrights. The service is protected by copyright laws. It is expressly prohibited if any modification, reproduction, creation of derivative works from the website any collective work or compilation, is made by. You agree not to reproduce copy, sell resell, duplicate or exploit for any commercial purpose any of the services of OTS.

9. USER SUBMISSIONS

You need to know and understand when using the website that OTS is not responsible for any accuracy, you will be exposed to content from many sources. OTS is not responsible for any usefulness, safety, intellectual property rights or of relating to such content and you agree with all liability for your use. You agree that you may be exposed to content that is offensive, inaccurate, objectionable, indecent, defamatory or libelous any legal rights or remedies you have against OTS with respect thereto.

10. INDEMNITY

You agree to defend, assure and hold harmless OTS, its subsidiaries, officers, successors, affiliates, directors assign, agents, suppliers, service providers, and employees against all claims, damages, losses, cost or debit, liabilities and expenses. You will indemnify your use and access of the website, violation of any term of these uses, violation of any third right, or any claim that your content caused damage to a third party. This indemnification and defense will survive modification, termination or expiration of these terms and your use of the service and the website.

11. NO SPAM POLICY

You agree and accept that sending any unwanted email advertisements, or other unsolicited communications to OTS email address or through OTS computer systems are expressly and strictly prohibited by these terms. You have to be aware that OTS will be monitoring email usage using automated software or human monitors to ensign certain words related to spam or scam in emails that are sent b between to another in the OTS email system. All communication any user utilizing the communication or communication between yourself, the features available on the service and the website may be used only in accordance with the terms. Using unauthorized OTS computer system is a violation of these terms and certain laws will be applicable. These violations would be subject to the sender and their agents to civil and criminal penalties and liabilities.

12. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You accept and agree that OTS is not responsible for your communication with any individuals or organizations on the website or through the services including payments and delivery of goods and services, and any other conditions, terms, warranties representations associated with any interaction you are having with other organizations and individuals. Such dealings are completely between you and those organizations and individuals. You also agree that OTS will not liable for any loss and damage of any sort happened as the result of any these dealings or interactions. You understand and agree that OTS is under no obligation to become involved in any dispute between participants on the website, between users, and any third party. If any dispute happens you release OTS its employees, officers, agents and successors from any and all claims, damages and demands of all kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed related to such disputes.

13. LIMITATION AND TERMINATION OF SERVICE

You agree and acknowledge that OTS may set limits from time to time regarding use of the service. You accept that OTS is not responsible or liable if any content maintained or transmitted by the website or the service is failed or deleted. All rights of modification, discontinuity of the service, with or without notice are reserved solely for OTS. OTS has its sole and absolute discretion to delete or deactivate your account, block your IP address or email, or your access to the service can be terminated immediately and without notice. You are not allowed to use the service once you are terminated.

14. DISCLAIMER OF WARRANTIES

You expressly accept and acknowledge that you are using the service completely at your own risk. OTS makes no warranties for any mistakes, errors or inaccuracies of content, or any property damage or personal injury resulting from your access to the service, any viruses, bugs or any other thing transmitted through the website by any third party. OTS does not warrant, endorse, assume or guarantee responsibility for any product or service offered or advertised by the third party. You should use your best judgment and exercise caution when purchasing a service or product through any medium.

15. LIMITATIONS OF LIABILITY

OTS, its officers, directors, employees or agents are not liable in any case for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of the use of the website or the service. It does not matter if the damage arises from the use of the website or the service from an inability to use the website. OTS does not make representations or warranties that the website is appropriate for use in other locations. If you use the website from other jurisdictions you yourself are responsible for compliance with local law.

16. ASSIGNMENT

All these terms, licenses and rights granted you are not allowed to transfer or assign. Only OTS can assign or transfer without any restriction. If you have assigned any transferred it shall be null and void.

17. ABILITY TO ACCEPT TERMS OF SERVICE

Only adults are eligible to contract as per applicable to use this website. In case you are using this web site on behalf of any third person you acknowledge that you are legally authorized to represent that person. Under the age of 18 years would be allowed only with the permission of their parents or guardian. In that case only above the age of 13 years will be allowed to use with the permission of their parents.

18. GENERAL INFORMATION

These policies posted on the website make the complete understanding and agreement between you and OTS and rules your use of the service. The website is governing all prior understandings, agreements, proposals, negotiation, and discussions between the parties. All the terms and the relationship between you and OTS are governed by the laws of Pakistan. If you are a consumer then consumer law will be applicable. If any of the terms is held to be invalid it will not affect other terms of uses. Other terms will keep prevailing.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

If you find a violation of any of the terms kindly do report us as soon as possible. You can report us at the home page of OTS; you will find the link at the bottom of the page. If OTS fails to act it does not affect any of our rights, OTS retains the rights to seek legal and equitable remedies, including specific performance of any term contained in these terms.

For information and guidance please contact us;

Address: OTS Headquarter (HQ), Office # 01, Central Avenue, Bahria Town, Phase VI, Islamabad.
UAN: 051 111 687 222 (Monday to Saturday From 9:00 AM to 05:30 PM)
Fax: 051-8441353
Website: www.ots.org.pk, Email: [email protected]

Updated on: 17-04-2019