Last updated: November 30, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.xerciseup.com website (the “Service”) operated by XerciseUp (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by XerciseUp.

XerciseUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that XerciseUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with Bangladesh Law and the exclusive jurisdiction of the courts of Bangladesh, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

User Submitted Content

XerciseUp users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the XerciseUp Support Community as well as any other part of the XerciseUp Service.

You promise that, with respect to any User Content you post on XerciseUp, (1) you have the right to post such User Content, and (2) such User Content, or its use by XerciseUp as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by XerciseUp or any artist, band, label, entity or individual without express written consent from such individual or entity.

XerciseUp may, but has no obligation to, monitor, review, or edit User Content. In all cases, XerciseUp reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in XerciseUp’ sole discretion, violates the Agreements. XerciseUp may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. XerciseUp is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST XerciseUp RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD XerciseUp HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Takedown requests

We will respond to legitimate takedown requests and we retain the right to remove user content on the website that we deem to be infringing the copyright of others. If you become aware of user content on XerciseUp that infringes your copyright rights, you may submit a properly formatted takedown request (see below).

The electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf; identification of the copyrighted work claimed to have been infringed, or a representative list of such works; the URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent or the law; and a statement by you, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Contact Us

If you have any questions about these Terms, please contact us.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by IELTS Online Tests.

IELTS Online Tests has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that IELTS Online Tests shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with English Law and the exclusive jurisdiction of the courts of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

User Submitted Content

IELTS Online Tests users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the IELTS Online Tests Support Community as well as any other part of the IELTS Online Tests Service.

You promise that, with respect to any User Content you post on IELTS Online Tests, (1) you have the right to post such User Content, and (2) such User Content, or its use by IELTS Online Tests as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by IELTS Online Tests or any artist, band, label, entity or individual without express written consent from such individual or entity.

IELTS Online Tests may, but has no obligation to, monitor, review, or edit User Content. In all cases, IELTS Online Tests reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in IELTS Online Tests’ sole discretion, violates the Agreements. IELTS Online Tests may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. IELTS Online Tests is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST IELTS Online Tests RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD IELTS Online Tests HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Takedown requests

We will respond to legitimate takedown requests and we retain the right to remove user content on the website that we deem to be infringing the copyright of others. If you become aware of user content on IELTS Online Tests that infringes your copyright rights, you may submit a properly formatted takedown request (see below).

The electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf; identification of the copyrighted work claimed to have been infringed, or a representative list of such works; the URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent or the law; and a statement by you, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Contact Us

If you have any questions about these Terms, please contact us.

– What Information do we collect about you?

We collect personal data about you when you register with the Websites. We do so in order to provide you with the services that are available through the Websites.

Under the GDPR we are only permitted to collect the minimum amount of information needed to carry out a specific purpose, therefore depending on your relationship with us we collect different amounts of data. For example if you use our Websites to apply to university, the personal data that we collect includes your name, email address, telephone number and details relating to your education and financial background. If you make any payment through the Websites, we may ask you for the details needed to process any payment that is required by the relevant third party provider.

If you decide to upload a document to support your application or verify your identity, we will keep that information for as long you want to keep your account with the Company.

If you choose to take any assessments available through the Websites we will also maintain a record of your responses to and results of those assessments.

– Information Submitted by You

We will use information supplied by you to assist only in services as agreed by you, including but not limited to the submission of applications to education institutions and visa issuing organisations, online tuition and online assessment, and payment to third parties for accommodation, tuition fees and other study abroad related services. We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using the Websites in accordance with relevant data protection legislation.

– What do we do with your personal data?

By registering with the Websites it is understood that you wish to apply to education institutions or visa issuing organisations. Where you have indicated intent, we will facilitate and oversee your applications to education institutions or visa issuing organisations and as such will share your personal data with these third parties.

We will also use your personal data to provide you with information relevant to your fields of interest.

– Data Sharing and Transfers

Save where it is necessary to do so in order to provide you with the Websites’ services or to put you in touch with a third party as selected by you as set out in this policy, we do not share your personal data with third parties.

Here’s the policies we apply to third parties to keep your data safe & protect your privacy: We provide only the information they need to perform their specific services; they may only use your data for the exact purposes we specify in our contract with them; we work closely with them to ensure that your privacy is respected & protected at all times; if we stop using their services, all of your data held by them will either be deleted or rendered anonymous

– Links to other Sites

On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.

– Access to your information, correction and deletion

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information please contact us.

We want to make sure that your information is accurate and up-to-date and will delete or amend any information that you think is inaccurate. Should you wish to delete or amend your account please visit your account page on the Websites or contact us.

You have the right to close your account at any time and request the deletion of all of your personal information unless we are in the process of responding to any complaint that you make. To request deletion and account closures, contact us.

– Changes to our Privacy Policy

We keep our privacy policy under regular review and we place any updates on this web page.

– How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you by contacting:

Data Protection Officer

IEG Hong Kong Ltd.

Email: dpo @ intergreat.com

– Complaints related to data privacy

If you live in a country or territory located in the European Union (EU) or European Economic Area (EEA), and you think that some, or all, of the issues you are concerned about have taken place in your country of residence, you can complain to your national data protection regulator. For contact details of national data protection regulators in the EU and EEA, please use the following link:

– What are cookies?

A cookie is a piece of information in the form of a very small text file that is placed on an internet user’s computer. It is generated by a web page server (which is basically the computer that operates the web site) and can be used by that server whenever the user visits the site. A cookie can be thought of as an internet user’s identification card, which tells a Websites when the user has returned.

Cookies can’t harm your computer and we don’t store any personally identifiable information about you on any of our cookies.

– Why do we use cookies on the Website?

The Websites uses two types of cookies: cookies set by The Websites and cookies set by third parties (i.e. other Websitess or services). The Websites cookies enable us to keep you signed in to your account throughout your visit and to tailor the information displayed on the site to your preferences.

We also use third party cookies to help deliver relevant information both on The Websites and from other Websites, to integrate content with social networks, such as Facebook and Twitter, and to better understand how the features and functions of the site are used in order that we can improve our service.

– Cookies on third-party sites

Sometimes you’ll be redirected to an external site from The Websites. These external sites may use cookies, which will not be included in the lists above.

– How can I manage my cookies on The Websites?

Please be aware that by not accepting cookies you will not be able to use some of the key functions of the Websites. If you would like more information about the cookies we use, as well as details on how to opt-out, please contact dpo @ intergreat.com.