The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(i) "Company" shall mean the School Of Financial Training Private Limited.
(ii) "User" shall mean any person and/or legal entity who visits, accesses, uses, deals with and/or transacts at www.schoolofib.com in any way.
(iii) "Website" shall mean www.schoolofib.com, a website owned and operated by the Company and also facilitating online transactions.
(i) The User certifies that if the User is an individual (i.e. not a corporation), the User is atleast Eighteen (18) years of age. The User also certifies that he/she/it is legally permitted to enter into this Agreement and eligible to visit, access, use, deal and/or transact at the Website. The User shall be completely and fully responsible for compliance with all applicable laws of the Republic of India and his/her/its local laws. If the User is not competent to enter into valid contract then the User is prohibited to visit, access, use, deal and/or transact at the Website.
3. Amendment Of Terms
(ii) The User agrees to be financially responsible for all of the User's use and access of the Website. The User warrants that all information supplied by the User in using the services and accessing the Website, including without limitation the User's name, email address, street address, telephone number, mobile number, card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
The Company is entitled to amend these terms anytime without any prior intimation to anybody. The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the Website by the User following such notification constitutes the User's acceptance of the terms and conditions of this Agreement as modified.
4. Intellectual Property
(i) The User acknowledges and agrees that the Company retains all right, title, ownership and interest in and to the Website, its educational courses/programmes/modules, all data, information, content, material, study material, study notes, educational material, text, literature, training course, training material, books, notes, writings, papers, essays, documents, manuals, publications, articles, abstracts, compositions, dissertation, reports, research, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, teaching methods and techniques, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world. All use of such rights, including intellectual property rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in the Company.
5. Registration Data
(ii) All intellectual property of the Company as stated hereinabove is a valuable asset of the Company and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the intellectual property of the Company would destroy or diminish its value and cause irreparable harm and loss to the Company, and that monetary damages will be inadequate to compensate the Company for any breach of confidentiality. The User, therefore, agrees that the Company shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the confidentiality obligations contained herein.
(iii) The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyright laws, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, translate, communicate, publish, use or exploit the Website and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without our express written authorization, which we are under no obligation to grant.
(iv) Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia ("Marks") that appear on or in connection with the Website and/or its content is the intellectual property of the Company. The Company expressly reserves all rights therein.
(v) All third party trademarks, logos, photographs, images, and other intellectual property contained on or through the Website are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property.
(vi) The User's misuse of the Website and/or its content and/or its Marks, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or its contents to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User's risk as to costs and consequences. The Company has all the rights to disable or prohibit access to the Users who do not abide by these terms and involve in the infringement of our intellectual property.
(i) The User shall be entitled to use the Website for online transactions after furnishing all relevant information relating to the User as sought on the Website. The User shall be solely responsible for the confidentiality of his/her User Id, password, account and login credentials.
6. Limited And Conditional Use
(iii) The User confirms that the Company shall not be responsible for any loss or damage to the User due to incorrect, incomplete and/or false information furnished by User, and/or any deficiency in payment of consideration payable towards the educational course/programme/module subscribed to. The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
The Company grants the User a limited, revocable, non-exclusive, non-sub-licensable and non-assignable license to access and use the Website for the User's personal, non-commercial use, subject to the terms and conditions of this Agreement.
7. Payment Terms
The User shall:
(i) use the Website in accordance with this Agreement and the applicable law;
(ii) not intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law;
(iii) not download and/or print any content, study material or data, unless expressly authorized by us in writing;
(iv) not use the Website to harm, threaten, harass or cause injury to others;
(v) not impersonate or misrepresent another person;
(vi) not engage in any infringement of intellectual property;
(vii) not interfere with or limit the normal operation of the Website (or any part thereof), or any other computer software or hardware;
(viii) not plan or engage in any illegal activity;
(ix) not gather and store personal information of any other users of the Website to be used in any manner;
(x) ensure confidentiality and security of the User Id, password, account and login credentials and be solely responsible for all activities, acts and omissions that occur therefrom;
(xi) not plagiarize the Website in any manner;
(xii) be required to use login credentials for some of the sections/modules on the Website and the Company reserves the right to block access to any such section for any User who does not follow this Agreement;
(xiii) not edit html source code, reverse engineer or attempt to hack;
(xiv) not run spam scripts or anything which could affect the infrastructure of the Company, and in turn, other users;
(xv) not remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the Website;
(xvi) not introduce viruses, bugs, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
(xvii) not attempt to gain unauthorized access to, interfere with or disrupt the Website or its payment gateways, the servers on which it is stored, hosted or operated, or any server, computer or database connected to the Website;
(xviii)not attempt to harvest or collect any information about or regarding other users, visitors, or viewers, including, but not limited to any personal data or confidential information;
(xix) not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the User does not have any right to;
(b) is harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;
(xx) not host, display, upload, modify, publish, transmit, update or share any information that: (a) infringes any patent, trademark, copyright or other proprietary rights; (b) is deceiving or misleading about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (c) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.
(i) The User shall be entitled to use his/her valid credit card, debit card, online banking facility to make payment against any transaction being effected at the Website. The User shall be bound to use his/her own credit card, debit card, online banking account to make any payment. The User undertakes and confirms that he/she would furnish correct, complete and accurate detail of the credit card, debit card, online banking account and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to the User due to furnishing of wrong detail/ information relating to his/her credit card, debit card or online banking account.
(ii) The Company confirms that the detail provided by the User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent: required for completion of transaction on the Website through payment gateways; required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority; required in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement; as may have been permitted by the User.
(iii) The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly agreed and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or fraudulently misused in any manner whatsoever by such third party.
All prices and offerings on the Website and in relation to the services are at the sole discretion of the Company and shall be subject to change without notice. The Company shall be entitled to send and the User gives his/her consent to receive, information, offers, promotional mails and messages pertaining to any offerings of the Company and its associate companies from time to time.
9. Links To Other Websites
The Website may contain hyperlinks to websites and/or applications operated and owned by persons, entities or third parties other than the Company (hereinafter referred to as the "Web Links"). Such Web Links are provided for the User's reference and convenience only and they do not constitute as any recommendation, view, opinion and/or advice, and should not be relied upon in making and/or refraining from making any decision. The Company reserves its right to remove any such Web Links at anytime without any prior notice. The Company is not under obligation to review the contents of the Web Links and therefore does not control the contents of those Web Links. The User leaves the Website by clicking on Web Links and goes to respective internet websites and use of those Web Links shall be regulated by terms provided on respective websites. The Company is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User's own risk.
10. Force Majeure
(i) The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
11. No Refund Policy
(ii) Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, terrorist attack, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Website and/or contents provided under the Website, servers, computer networks and computer systems.
If a cancellation is done by the User after registration, no refund will be made to the User. The fees paid by a User towards an educational course/programme/module/service are non-refundable and non-transferable.
12. No Warranty & Disclaimer
(i) The User acknowledges that the Company has no control over and no duty to take any action regarding which the User gains access to the Website and/or its content and/or services; what effect the Website and/or its content and/or services may have on the User and/or any third party; how the User may interpret or use the Website and/or its content and/or services; what actions the User may take as a result of having been exposed to the Website and/or its content and/or services. The User releases the Company from all liability for the User having accessed the Website and/or its content and/or services.
(ii) The Company provides access to the Website on an 'as is' and 'as available' basis. Neither does the Company nor do third parties related to the Company, provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content and/or services, for any specific purpose. The User acknowledges that the Website and/or its content and/or services may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
(iii) Although the Company has taken adequate safeguards, the Company makes no guarantee of confidentiality and/or privacy of any User communication or information transmitted on the Website and/or towards the educational courses/programmes/modules and/or for the services and/or on any web-site linked to the Website. The User's uses this Website and/or services at his/her own risk in accordance with the terms of this Agreement.
(iv) The Website and/or its content and/or services may contain views, opinions and recommendations of users of the Website and/or services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website by anybody other than the Company. The Company assumes no responsibility to keep the content current, complete, up-to-date, valid, or accurate. The Company shall not be responsible in any manner whatsoever for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information shall be at the User's sole risk.
(v) The Company does not warrant the accuracy, reliability, credibility or completeness of the Website and/or its content and/or the study material and/or the educational courses/programmes/modules and/or its service.
(vi) The Company and/or its institute is not accredited to any university or educational institution. The User acknowledges that neither the Company nor its institute is under an obligation to make any attempts to get its educational courses/programmes/modules recognized by any educational or accredited institution.
(vii) Although the Company may offer guidance to the User in relation to job opportunities, it does not promise or guarantee any employment opportunities, job offers, internships or placements upon successful completion of its educational courses/programmes/modules.
(viii) The Company makes no warranty that its Website and/or its content are appropriate or available for use in other locations. Those who access the Website and/or its content from territories other than India shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable laws of the Republic of India.
(ix) The Company shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User's device, programs, data or other proprietary material due to use of the Website.
(x) The User shall be solely responsible to maintain the confidentiality and security of his/her account, User Id, password, login credentials and the Company shall not be responsible for any losses arising out of the unauthorized use of the User's account as a result of the User not following the terms and conditions stated herein.
(xi) The Company shall be under no liability whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User opting to make online payments and/or transact through the Website and/or payment gateways.
(xii) The User expressly understands and agrees that the Company, its shareholders, associate companies, directors, employees, representatives, agents and partners, shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: (a) the User's use or inability to use the Website; (b) any changes made to the Website; (c) temporary or permanent cessation of the Website, the services, the Company's business or any part thereof; (d) any unauthorized access to or alteration of the User transmissions, data or transactions; (e) statements or conduct of any third party on the Website; (f) any unauthorized use of the User's account; and (g) any fraud, security breach, misconduct or negligence by any third parties including the Company's payment gateway vendors.
(xiii) The Company does not warrant that access and use of its Website and/or its content and/or service will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures and frauds out of the Company's control.
The User agrees to indemnify and hold the Company, its shareholders, associate companies, directors, employees, representatives, agents and partners, harmless, to the fullest extent, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to: (i) the User's access, use or misuse of the Website; (ii) the User's breach or alleged breach of this Agreement; and (iii) any violation by the User of any applicable laws or of any rights of others, including, without limitation, violation, misappropriation or infringement (or any allegation thereof) by the User of any third party right, or any right of the Company, including, without limitation, any copyright, trademark, patent, trade secret, property, privacy or other intellectual property or proprietary right.
The Company may, at any time, terminate or suspend access to the Website immediately, without prior notice and/or liability. The services and/or access to the Website may also be terminated or suspended if:
15. Governing Law And Jurisdiction
(i) The User breaches any of the terms or conditions of this Agreement and/or other incorporated agreements and/or guidelines.
(ii) Requests by law enforcement and/or other government agencies.
(iii) Discontinuance and/or material modification to the Website (or any part thereof).
(iv) Unexpected technical and/or security issues and/or problems.
(v) Engagement by the User in fraudulent and/or illegal activities.
(vi) Non - payment of any fees owed by the User in connection with the use of study material, educational courses/programmes/modules.
Termination of the User account includes:
(i) Removal of access to all offerings.
(ii) Deletion of the User Id, password, account and all related information, files and content associated with or inside the User account (or any part thereof).
(iii) Barring of further use of the Website and/or its content and/or service.
Further, the User agrees that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to the User or any third party for any termination of the User account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
This Agreement between the Company and the User shall be treated as if entered into and executed in the jurisdiction of Mumbai, India and shall be governed and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles. The User agrees to submit to personal and exclusive jurisdiction of the Courts in Mumbai, India.
16. General Provisions
The User consents and gives his/her consent to receive communications from the Company electronically/through electronic records. The Company will communicate with the User by e-mail and/or by posting notices on this Website. The User agrees that all agreements, notices, disclosures and other communications that the Company provide to the User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
(ii) Assignment: The Company can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. The User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of the Company.
Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect.
If anybody does not agree with the terms and conditions as provided in this Agreement in entirety, his/her sole and exclusive remedy is to discontinue using any of the services being offered on the Website.