Terms and Conditions
The following Terms and Conditions will apply if you would like to register for an on-line academic programme provided by NIBM through its website (" Website ").
These terms and conditions apply to your use of and access to the Website and your dealings with NIBM.
Additional products and services offered through the Website may necessitate additional terms or changes to these terms and conditions. NIBM reserves the right to add to or amend these terms and conditions from time to time. You should periodically refer to this Website for the updated terms and conditions.
1. REGISTRATION AND ELIGIBILITY
(a) You are required to submit a completed application form ("Application Form") available on-line. NIBM will notify you of the result of your application. You are solely responsible for and you agree to provide true, accurate and complete particulars and information in your Application Form. NIBM shall not be responsible for the consequences of any of your particulars or information being incomplete, inaccurate or obsolete. You must promptly notify NIBM of any changes in particulars or information provided.
(b) By submitting your application to NIBM, you are representing that you have the right and capacity to enter into this Agreement under the laws applicable to you.
(c) If your application is approved, nibglobal.com will enable you to access NIBM products selected by you ("Selected Products"). NIBM may send your log-in username and password to enable you to access the Selected Products ("Login Username and Password") and any other information or material to you by any means chosen by NIBMl. While NIBM will use reasonable endeavours to ensure that these will reach you safely, NIBM will not be liable if these fail to reach you or if any unauthorized person obtains them during transit.
(d) NIBMl reserves the right to refuse and reject your application without assigning a reason.
2. TERMS OF USE
2.1 Fees
(a) You will have to pay the applicable fees ("Fees") for the Selected Products before you may access the Selected Products.
2.2 Login Username and Password
(a) Your Login Username and Password identify you when you access the Selected Products and this Website. Please keep these confidential. Do not allow anyone access to your Login Username and Password. You will be responsible for all transactions occurring under your Login Username and Password.
(b) NIBM reserves the right to deactivate or revoke the use of your Login Username and Password at any time for any reason without prior notice.
(c) You will not circumvent or attempt to circumvent user authentication or security measures including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by nibmlgobal.com
2.3 Content
(a) This Website and all products, services, courses, materials, software and information available on this Website, are owned by NIBM or its licensors. Except as may be permitted by NIBM in relation to the Selected Products, no part or parts of NIBM Products may be reproduced, distributed, published, modified, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written consent of NIBM.
(b) The trade and service marks displayed on this Website are the property of NIBM . No right or licence is given for any use or reproduction of such trade and service marks.
(c) You may use NIBM Products for non-commercial and personal purposes only.
(d) Any material, communications, text, graphics, audio, video, links, art, animations, photographs, or other information apart from NIBM Products (collectively the " Student Content ") that you upload to or otherwise make available to NIBM are and remain your property. You shall ensure that Student Content does not contain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject, or violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights.
(e) You must not interfere or attempt to interfere with products and services NIBM provides to others including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" the Website or taking any action that imposes an unreasonable or disproportionately large load on the services provided by NIBM or the associated infrastructure.
(f) You shall not upload files that are corrupted, contain viruses or any other similar software or programs which may damage the Website or cause interference to the services provided by NIBM.
2.4 Software
(a) The use of any software available for you to download from this Website (" Software ") is subject to the terms of the end-user licences (" Licence Agreement "), if any which accompanies the Software. You are responsible for the installation, maintenance and operation of the Software. Any reproduction or redistribution of the Software not in accordance with the Licence Agreement is expressly prohibited.
(b) You must not sell, licence, assign or rent, decompile, reverse engineer, modify, translate, compile or allow third parties to access the Software.
2.5 Hyper-Links
This Website may contain links to other websites. The linked sites are not under the control of NIBM,and NIBM is not responsible for the contents of any linked site or any link contained in a linked site.
3. LIMITATION OF LIABILITY
(a) NIBM does not make any representations about the suitability or quality of NIBM Products, the Software or any document or information provided to you through this Website or otherwise (collectively the " Material "). The Material is provided "as is" without warranties of any kind. The Software is warranted, if at all, only according to the terms of the Licence Agreement. NIBM does not warrant that access to the Website will be uninterrupted, timely or error-free or that the Website or Material is free from any virus or other malicious, destructive or corrupting code, programme or macro, or that any identified defect will be corrected. To the maximum extent permitted by law, NIBM disclaims all warranties and conditions with regard to the Material and the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
(b) In no event shall NIBM or its respective suppliers be liable for any special, indirect or consequential damages or any other damages, costs or expenses in relation to your use of the Material and access to the Website (whether the action is founded in contract, tort or other legal theories, and whether the damages, costs or expenses are foreseeable).
(c) In the event that NIBM shall be held liable to compensate you for any damage, costs or expenses, the total liability of NIBM shall not exceed the Fees paid by you.
4. INDEMNITY
You hereby agree to indemnify and to keep NIBM, its directors, employees and agents fully and effectively indemnified against all actions, liabilities, costs, claims, losses, damages, proceedings and/or expenses (including all legal costs, on a full indemnity basis) suffered or incurred by NIBM, in connection with or arising from your use of the Material, access to the Website and dealings with NIBM, including, but not limited to:-
(i) any infringement of third party intellectual property rights or any tortious or criminal liability in connection with the Student Content;
(ii) any unauthorised use of your Login Username and/or Password; and
(iii) any breach or non-observance of any of these terms and conditions by you.
5. USE OF INFORMATION
NIBM may provide aggregate information about users of this Website to third parties. You must not provide information which you do not want to be disclosed to any other person. NIBM respects the privacy of the information which you provide and will not release your name, address or telephone number without your consent. For the avoidance of doubt, you agree that NIBM may disclose information about you or your account where NIBM believes in good faith that such disclosure is reasonably necessary: (i) to comply with the law; (ii) to comply with legal process; (ii) to enforce this Agreement; (iv) to respond to claims that you are engaged in activities that violate the rights of third parties; or (v) to protect NIBM's rights or interests or the rights or interest of others.
6. TERMINATION
NIBM shall be entitled to cancel your registration and revoke your right to access the Website and to use the Selected Products in the event that you are in breach of any of these terms and conditions, and where the breach is capable of cure, you have not cured it to the satisfaction of NIBM within 7 days of a written notice from NIBM.
7. MISCELLANEOUS
7.1 Force Majeure
(a) In the event that
(i)NIBMl is unable to observe or perform the terms of this Agreement;
(ii) access to the Website is blocked;
(iii) NIBM Products is suspended or made unavailable by reason of causes beyond its control including (but not limited to) equipment, system or transmission link malfunction or failure, fire, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, legislative requirement, administrative order, court order or by any other causes which it cannot control or reasonably be expected to avoid, the performance of NIBM's obligations as affected by such causes shall be excused for the duration of the such events. NIBM shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned events. In the event that such events cause NIBM to terminate the offering of NIBM Products, NIBM shall not be liable for any damage, costs or expenses, and shall not be required to refund any Fees paid.
7.3 Severability
If any provision of this Agreement is deemed unlawful or unenforceable, such provision shall be severed from this Agreement without prejudice to all other provisions which shall remain enforceable.
7.4 Entire Agreement
These terms and conditions (as amended and updated from time to time) set out the terms of the agreement between the parties with regard to the subject matter stated in this Agreement and supersedes and terminates all prior agreements and understandings between the parties.
7.5 Notices and Communications
(a) Any notice which is required to be given by you to NIBM shall be in writing and shall be sent to NIBM 's designated address from time to time. Any notice which NIBM sends to you may be by hand, post, electronic or facsimile transmission, and shall be deemed to have been received by you:-
(i) if by hand, when delivered (to your last known address on NIBM record);
(ii) if by post, two days following the posting; and
(iii) if by electronic or facsimile transmission, when dispatched as confirmed by a report from the despatching equipment, despite any evidence to the contrary.
(b) NIBM will not be responsible if you fail to receive communications from NIBM if such failure is due to:-
(i) an error in your email program;
(ii) a wrong email address;
(iii) your not updating NIBM of a change in email address; or
(iv) your failure to regularly check your e-mail or this Website.
(c) You agree to treat as conclusive evidence, and not to dispute the validity, accuracy or authenticity of, any evidence of your instructions and communications transmitted between yourself and NIBM, including such evidence in the form of NIBM's computer records or transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, any written statement by NIBM's officer confirming the posting of any notice or communication, or any other form of inormation storage.
8 GOVERNING LAW
(a) This Agreement shall be interpreted and governed by the laws of the Republic of India and you and NIBM agree to submit to the non-exclusive jurisdiction of the Indian courts. You consent to the service of process (whether personal or otherwise) by prepaid post (ordinary or registered) to your last known address on NIBM's records and you shall be conclusively deemed to have received service two days following such posting despite any evidence to the contrary.
(b) A person who is not a party to this Agreement has no right under The Contracts (Rights of Third Parties) Act Cap 53B to enforce any term of this Agreement except and to the extent (if any) where this Agreement expressly provides that such third parties have the rights to enforce this Agreement. In particular and to the extent legally possible, you agree to specifically exclude the application of any law in India, your country or elsewhere which provides that any third party has the right to enforce this Agreement.
