Terms and conditions for online registration and online payments

The Term and Conditions contained herein shall apply to any person(“User”) on and using the services of www.notes.nimkartek.com and for online purchase of course through an HDFC online payment gateway Service (“Service”).
The User is deemed to have read and accepted these terms and conditions.

1. Privacy Policy

NimkarTek Technical Services Pvt. Ltd.(NimkarTek) respects and protects the privacy of the User and will not wilfully disclose individual information to any third party without first receiving the user’s permission.

NimkarTek does not automatically collect any unique information about the user such as user’s name, email address, age, gender, etc. unless specifically provided by the user, for purchase of our online modules.

NimkarTek may, from the time to time, send emails and other communication to the user and to inform about their various services and features or seek voluntary information from them.

NimkarTek may release personal information about the user if required to company with any valid legal process such as a search warrant, statute of or court order, or if the user’s action on the NimkarTek website involve a potential threat to the security of NimkarTek and its website. For full information, please check out the Privacy Policy on the NOTES Platform.

2. ‘Charge Back’ claim for online payment:

In the event of a claim for ‘Charge Back’ by the User for any reason whatsoever, the User shall immediately approach NimkarTek with his/her claim details and claim refund from NimkarTek alone. Such a charge back shall be effected only by NimkarTek via the payment gateway or by means as deemed appropriate by NimkarTek.

No claims for refund/charge back shall be made by any user to the Payment Gateway Service Provider(s).

The Term “Charge Back” shall mean, approved and settled credit or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to payments service provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and charges incidental thereto.

3. Refund for fraudulent/duplicate transaction(s):

The User shall directly contact NimkarTek for any fraudulent transaction(s) on account of misuse of Card/Bank details by a fraudulent individual/party. Such issues shall be addressed by NimkarTek in line with their policies and rules.

4. Server Slow Down/Session Timeout:

In case the website or payment service provider’s webpage, that is linked to the website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session time out’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

1. In case the bank account appears to be debited, the user should ensure that he/she does not make the payment twice and immediately contact NimkarTek via e-mail or any other mode of contact to confirm payment.
2. In case the bank account is not debited, the User may initiate a fresh transaction to make payment.
3. However, the user agrees that under no circumstances NimkarTek or the payment gateway service provider shall be held responsible for such fraudulent/duplicate transactions and hence no claim should be raised to payment gateway service provider.

5. Limitation of Liability:

NimkarTek expressly disclaims any claim or liability arising out of the provision of this service. The User agrees and acknowledges that he/she shall be solely responsible for his/her conduct and that NimkarTek reserves the right to terminate the rights to use of the service immediately without giving any prior notice thereof.

NimkarTek shall not be liable to any loss or damage arising from or occasioned by any inaccuracy, error, delay or omission, non-performance or interruption in any data, information or message.

Under no circumstances shall NimkarTek and/or the Payment Service Providers, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damage whatsoever, including punitive or exemplary.

NimkarTek and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the user on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the payment gateway or services in connection thereto; and/or any interruption or errors in the operation of the payment gateway. The User shall indemnify and hold harmless the Payment Service Provider(s) and NimkarTek and their respective officers, directors, agents, and employees, from any claim or demand or action arising out of, or in connection with the utilization of the services.

The User agrees that NimkarTek or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the website, or any failure to comply with these Terms and Conditions where such failures is due to circumstances beyond NimkarTek’s reasonable control.

6. Miscellaneous Conditions:

The User agrees, understands and confirms that his/her personal data, including without limitation, details relating to debit card/credit card transmitted over the internet may be susceptible to misuse, hacking, theft and/or fraud and that NimkarTek or the payment service provider(s) have no control over such matters.

Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the user, NimkarTek does not represent or guarantee that the use of the services provided by/through it will not result in theft and/or unauthorized use of data over the Internet.

NimkarTek and the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any failure of performance, error, omission, computer virus, communications line failure, theft or destruction or unauthorized process to, alteration of, or use of information contained on the website. The User may be required to create his/her own User ID and password in order to register and/or user the Services provided by NimkarTek on the Website.

By accepting these Terms and Conditions the user agrees that his/her User ID and password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential.

The User is hereby informed that NimkarTek will never ask the user for the user’s password in an unsolicited phone call or in unsolicited mail.

The User is required to sign out of his/her NimkarTek Account on the website and close the web browser window when transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence if and when the User happens to share a computer with someone else or is using a computer in a public place like a library or internet café.

7. Debit/Credit Card Usage and Bank Account Details:

The User agrees that the debit/credit card details provided by him/her for use of the aforesaid Service(s) are correct and accurate and that the User shall not use a debit/credit card, that is not lawfully owned by him/her or the user of which is not authorized by the lawful owner thereof.

The User warrants, agrees and confirms that when she/he initiates a payment transaction and/or issues an online payment instruction and provides his/her card/bank details:

• The User is fully and lawfully entitled to use such credit/debit card, bank account for such transactions.
• The User is authorizing debit of the nominated card/bank account for the payment of applicable fees selection by such user.
• The User ensures sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the payment of the dues payable by the user, inclusive the applicable bank fees.

8. Personal Information

The User agrees that, to the extent required or permitted by law, NimkarTek and/or the payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations.

In addition to the information already in the possession of NimkarTek and/or the payment Service Provider(s), NimkarTek may have collected similar information from the User in the past. By entering the website, the User consents to the terms of NimkarTek’s Privacy Policy and to NimkarTek’s continued use of previously collected information. The User acknowledges and agrees that his/her information will be managed in accordance with the laws for time in force.

9. Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay for purchase of online courses. The Payment Service Provider(s) does not make any representation of any kind, express or implied, as to the operation of the payment gateway other than what is specified in the Website for this purpose.

By accepting/agreeing to these Terms and Conditions, the User expressly agrees that he/her use of the aforesaid online payment service is entirely at his/her own risk and responsibility.