TERMS OF USE

By selecting the "I accept" checkbox, accessing or using the Service, you agree to be bound by these terms ("Terms"). The Terms include the Updated Terms (as defined hereinbelow). The Service is owned and / or controlled by National Institute of Building Technology (“NIBT”, “we”, “us”) and is made available to you through this website being www.nibt.education (“Website”) which is owned by NIBT. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.

The Services may include a component, a covered work, governed by a third party agreement.Except as provided within these Terms, your use of such component is governed and you agree to be bound by the said agreement which is available here and for other parts of the Services these Terms will be applicable.

Basic Terms

  1. Use of the Services and registration to be a Member of the Services ("Membership") is void where prohibited.
  2. You must be at least 13 years old to use the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, NIBT prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to NIBT upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other NIBT users.
  5. The Services are for your personal use only. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. NIBT reserves the right to suspend your access or terminate your Membership if NIBT believes that you are not using the Services for personal use.
  6. You are responsible for keeping your password secret and secure.
  7. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service, including but not limited to, copyright laws.
  9. You are solely responsible for your conduct and any data, information that you submit, post or display on or via the NIBT website.
  10. You shall not change, modify or alter another website so as to falsely imply that it is associated with the Service or NIBT.
  11. You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any NIBT users.
  12. You must not use domain names or web URLs in your username without prior written consent from NIBT.
  13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other NIBT terms.
  15. Violation of these Terms may, in NIBT's sole discretion, result in termination of your NIBT account in addition to other remedies which may be available to NIBT. You understand and agree that NIBT cannot and will not be responsible for the outcome of your use of the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms , or otherwise create risk or possible legal exposure for NIBT, NIBT may stop providing all or part of the Service to you.

General Conditions

  1. These Terms, and any Updated Terms, shall remain in full force and effect while you use and or access the Services as a member or as a guest (i.e. without registration).
  2. We reserve the right to modify or terminate the Service or your use of or access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your NIBT account by logging into the Service and selecting an available option.
  3. .If we terminate your access to the Service or you deactivate your account, your comments, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.
  4. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Even after your access is terminated, these Terms, including Updated Terms, will remain in effect without limitation.
  5. We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service or the Website, and that your use of or access to the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
  6. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  7. We reserve the right to force forfeiture of any username for any reason.
  8. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
  9. You acknowledge that NIBT reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. If NIBT terminates your access and or account because you have breached the Terms, you shall not be entitled to the refund of any portion of fees or payments (if any). You agree that you are responsible for all charges including but not limited to data charges you incur through use of the Service.
  10. We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with NIBT's express consent).

Rights

  1. The Service contains content owned or licensed by NIBT ("Content"). Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and NIBT, NIBT owns and retains all rights in the Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not copy, translate, reverse engineer, decompile, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
  2. The NIBT name and logo are trademarks of NIBT, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NIBT, except in accordance with our approval. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of NIBT, and may not be copied, imitated or used, in whole or in part, without prior written permission from NIBT.
  3. Although it is NIBT's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, NIBT reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by NIBT, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
  4. You agree and acknowledge that NIBT may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Services.
  5. Except as otherwise described in NIBT's Privacy Policy, available at ____________, as between you and NIBT, any content that you post will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of such content. You acknowledge and agree that your relationship with NIBT is not a confidential, fiduciary, or other types of special relationship and that your decision to submit any content does not place NIBT in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of NIBT, and NIBT will not be liable for any use or disclosure of any content you provide.
  6. It is NIBT's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, NIBT does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that NIBT is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
  7. Linked Services created by third party developers may be available on, through or in connection with the Service. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your NIBT account or shared with other users on the Service or which may link to your NIBT account from outside of the Service. Linked Services may use your NIBT profile information, friends and/or other profile content on the Linked Service and share activity events between NIBT and the Linked Service (depending on the features the Linked Service chooses to make available). When you engage with a third party Linked Service, you are interacting with the third party, not with NIBT. NIBT does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. NIBT is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). In addition, NIBT is not responsible for any damage, injury or loss caused by users of the Service or by any of the equipment or programming associated with or utilized in the Service or Linked Services. Profiles and Linked Services created and posted by users on, though or in connection with the Service may contain links to other websites or services. NIBT is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by NIBT. Inclusion of any linked website or service on the Service does not imply approval or endorsement of the linked website or service by NIBT.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, NIBT CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NIBT NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "NIBT PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE NIBT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO NIBT OR VIA THE SERVICE. IN ADDITION, THE NIBT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE NIBT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE NIBT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE NIBT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE NIBT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE NIBT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Payment

While availing any of the payment method/s available on the Site, NIBT will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between Bank/s, or
  3. Any payment issues arising out of the transaction, or
  4. Transaction being declined for any other reason/s

Your use of the payment method shall be subject to the terms of the service provider offering such payment method.

All payments made against the Service on Site by you shall be compulsorily in Indian Rupees acceptable in India. The site will not facilitate a transaction with respect to any other form of currency with respect to the payment made on Site.

Limitation of Liability Waiver

IN NO EVENT SHALL NIBT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR LINKED SERVICES, EVEN IF NIBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NIBT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NIBT FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NIBT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY NIBT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY NIBT.

NIBT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend, indemnify and hold the NIBT Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms ; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by NIBT in the defense of any claim. NIBT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of NIBT or which would prejudice the rights and or interests of NIBT.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and NIBT and govern your use of the Service, superseding any prior agreements between you and NIBT. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of NIBT. Any purported assignment or delegation by you without the appropriate prior written consent of NIBT will be null and void. NIBT may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject NIBT to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that NIBT provides.

This document was last updated on 15 November 2017

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