General Terms and Conditions

Terms and Conditions

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General Terms and Conditions

General Terms & Conditions

NimkarTek NOTES is an online platform for providing training to Brands, Retailers and other stakeholders on the Textile and Leather supply chains.

The following Terms and Conditions are applicable to the access and purchase of Online Training courses and materials on the NOTES Platform.

Please note - We modify our Terms and Conditions periodically and post the most current version on our website.

Important notice : Please read the following document carefully before accessing the training website, registering or buying training courses or accessing or downloading any training materials.

Terms and Conditions :

You may use our services only if you agree to these Terms and Conditions and our Privacy Policy.

Kindly note, this document serves as a legal agreement between you (Licensee) and [NimkarTek Technical Services Pvt Ltd, Add-3rd Floor, Narmada, Laxmi Industrial complex, Vartak Nagar, Thane (w), 400606, India] (Licensor) for your registration and purchase of NimkarTek’s Online training materials and webinars (hereafter "Training Courses"). The Training Courses include Online Content (modules), Webinars, printed resource materials, Certificates, Feedback and other online documentation.

By clicking on the "Sign up" button on your event page, you agree to these Terms and Conditions which will bind you and (if you are an employer) your employees. If you do not agree to these terms, you must discontinue accessing this website immediately. ( https://notes.nimkartek.com/)

Description - We describe our products as :

eLearning [Online training] or Distance Learning
Webinars
Blended Learning - A course that is delivered using a combination of all learning delivery methods, i.e. eLearning and Webinar
Bespoke Training Content
Any combination of the above services, in a series of training modules specifically created for your own requirements.

Please note that we reserve the right to change the course content of any Training Course at any time and without notice.

ACCESS TO THE NOTES SERVICE - A user can access the NOTES Service upon Registration and payment of full license fee. You agree that you will use the Service for its intended purpose, and in compliance with all applicable laws and regulations: local, state, and national, and international, as applicable. You agree not to use the service in a fraudulent, disruptive, aggressive, manipulative, for money laundering, or any other inappropriate matter. NimkarTek reserves the right, but has no obligation, to investigate your use of the service for compliance with appropriate use and terminate your access to the Service, or in order to comply with law, regulation, legal process or government request.

THE REGISTRATION - In order to use, access and participate in the NOTES Service, you shall be required to register with the NOTES Service. Any personal information supplied to NOTES as part of this registration process will be collected, stored and used in accordance with NimkarTek's Privacy Policy

THE SALE -

The purchase of Training Courses will be as per the prices set out for the relevant product on the NOTES Website
The purchase of the Training Courses includes the granting of a non-exclusive, non-transferable license to use the Training content and the Documentation on the terms of such license, which are set out in the next clause.

Once your registration for a Training Course has been successfully processed, you will receive an email confirming your purchase.

THE LICENCE-
You may receive access to the training online and download and use the training content and resource files for the purposes of completing the associated course online only on one computer, in conjunction with the attendance of such course.

You will not receive any of the training materials in a hard-copy format unless negotiated otherwise.

LICENSEE'S UNDERTAKINGS

You must be over 18 (eighteen) years of age
You must ensure that details provided by you at the time of registration or updated, true, accurate and complete.
You must update your personal details as and when there are changes to your contact information in order that we can communicate with you effectively
All user accounts must be registered with a valid email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting adminnotes@nimkartek.com immediately.
NimkarTek reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the identity of the user, or disrupts any of our services in any way.
You must not copy Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course
You must not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
You must not alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
You must supervise and control use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this document;
You must include the copyright notice of NimkarTek on all entire and partial copies you may make of the Training Materials or Documents on any medium;
You must not provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor.

TRANSFERS AND CANCELLATION OF TRAINING COURSES

Transfer of Training Courses-Delegates will be able to transfer their registration for an online training course to another online training course, provided the original training course has not been accessed/ launched. In case the 2ndcourse is of a higher amount, the delegates will have to pay the difference in the amounts of the two training courses. The delegates can write to NimkarTek Admin (adminnotes@nimkartek.com) for this. Only one transfer by any delegate may be made.

If you cancel a Training Course: -- A delegate can cancel his/her registration for an online training course, however refunds for the amount paid on registration or purchase of courses cannot be given. NimkarTek will provide you with a Credit Note, which may be redeemed within 12 months of issuance.

Refund Policy: if it all, any refund is approved by the Licensor, it will be made through the original mode of payment only within 30 days.

If we cancel a Training Course , or change course content: -We reserve the right to delete a Training Course or modify the Training Course Content at any time, without incurring any additional liability to the Licensor or any delegate.

PAYMENT – – NimkarTek NOTES Platform is connected to the HDFC Payment Gateway via API Integration for smooth functioning of online payments.

You agree and guarantee that:

(a)– NimkarTek NOTES Platform is connected to the HDFC Payment Gateway via API Integration for smooth functioning of online payments;

(b) You will not use HDFC Payment Gateway for money-laundering, and you will report any suspicious activity or parties knowingly engaged in money-laundering to adminnotes@nimkartek.com

(d) That all usage is in compliance with the HDFC Payment Gateway Usage Policy and Privacy Policy.

CONFIDENTIALITY -
With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:

keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor.
not publish customised content without the express prior written consent of the Licensee; and
disclose know-how, and any other confidential information, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.

The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
The provisions of this clause shall not apply to:

any information which is in the public domain at the date of the presentation of the Project to the Licensor, or which subsequently comes into the public domain other than by breach of this clause;
any information already in the possession of the Licensor at the date of presentation of the Project, other than under an obligation of confidentiality; or
any information obtained without any obligation of confidence from a third party that is not in breach of this Clause.
The provisions of this clause shall be deemed effective from the date of the first Project proposal and approval was made to the Licensor and shall remain in full force and effect for 10 years from that date.

INTELLECTUAL PROPERTY RIGHTS -
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on NOTES Service and all content (including all applications and materials) located on or available through the NOTES Service shall remain vested in NimkarTek Technical Services Private Ltd.

You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use NOTES content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NOTES Service content.

The names, images and logos identifying NOTES Service, NimkarTek Technical Services Private Limited or third parties and their products and services are subject to copyright, design rights and trademarks of NimkarTek Technical Services Private Limited and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of NimkarTek technical Services Private Limited or any other third party.

For Customised content, the Licensee grants NimkarTek a fully paid-up, royalty-free license to copy and modify any materials provided by the Licensee to NimkarTek for the term of the Contract for the purpose of providing customised training in the form of Modules and Webinars.

Availability of the Service -Although we aim to offer you the best service possible, we make no promise that the services available at NOTES will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to adminnotes@nimkartek.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

NO LIABILITY -Nothing in this document shall exclude or in any way limit the NimkarTek’s liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that it may not be excluded or limited as a matter of law. NimkarTek shall not be liable under, or in connection with, this document or any collateral contract for:

loss of income;
loss of business profits or contracts;
business interruption;
loss of the use of money or anticipated savings;
loss of information;
loss of opportunity, goodwill or reputation;
loss of, damage to or corruption of data; or
any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
except for matters caused by the Licensor’s negligence or wilful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidate’s property or your premises for any courses conducted by the Licensor on your premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party's any alleged harm, loss or damage caused to a candidate’s person, property, or to your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).

Subject to what is provided above, the Licensor's maximum aggregate liability under or in connection with this document, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to INR 5,000

The Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting as per Indian regulations.

These terms set out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this document.

TERMS OF PAYMENT

Your order is an offer to purchase courses uploaded on the NOTES Service from us. The NOTES Service will be made available to you once your payment has been authorized and the training session has started. There will be no contract of any kind between you and NimkarTek unless and until you make authorized payment for the Service. At any point up until then, we may decline to supply the Service to you without giving any reason.
The fee for the courses is calculated and payable in advance of the training start date as set out on NOTES. The Company shall be under no obligation to provide the Service until the fee has been paid.
All prices are expressed inclusive of any Taxes payable unless otherwise stated.
Your credit/ debit card payments are not handled by NimkarTek. All payments and all credit card handling are through the HDFC Payment gateway. Authority for payment must be given at the time of placing your order.Receipts for payment are provided in electronic format, unless requested otherwise.
For Bank transfers, invoices payment terms are immediate from date of invoice. Payments must be made full and final before the start of the course. A bank transfer charge maybe applicable.
We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
We at NimkarTek shall be under no liability whatsoever for any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time’

DELIVERY

Within 72 hours of purchase (3 days during the working week), a confirmation email will be sent to the customer acknowledging payment and successful enrolment in the training.
Customers will be required to log-in to the NOTES for accessing the training content. The training content can be accessed from the ‘My Modules’ page on the Platform.
New training content will be delivered as per the topic outline and schedule. Users will have access to all previous topics training material until the end of the curriculum.
It is not possible to pause your training or take a break midway during a Webinar. However you can pause and start the module from where you last left off, in the days as stated under ‘Module Access duration’.

TERMINATION - Your access to the Service may be terminated at any time, for any reason, at NimkarTek’s sole discretion. This could be because of any of the following reasons –

Apetition for a bankruptcy order to be made against you has been presented to the court; or
the Licensee (where it is a company) becomes insolvent or unable to pay its debts, enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts.
The learner sends spam, unwanted or hostile communications to other users

Upon termination for any reason:

all rights granted to you under this document shall cease;
you must cease all activities authorised by this document;
you must immediately pay to the Licensor any sums due to the Licensor under this document;
you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
NimkarTek reserves the right to remove all training content and delete your account.

TRANSFER OF RIGHTS AND OBLIGATIONS -
This document is binding on you and us, and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of this License, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this License, or any of our rights or obligations arising under it, at any time during the term of the License.

EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

WAIVER
If we fail, at any time during the term of this License, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

GENERAL - Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.

JURISDICTION –You agree that this entire agreement (including Privacy Policy) shall be interpreted according to the laws of the State of Maharashtra, India

ENTIRE AGREEMENT - These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS - NimkarTek has the right to revise and amend these terms and conditions from time to time.

INTERPRETATION - In these terms "NimkarTek", "we", "us" or "our" “Licensor” refers to NimkarTek Technical Services Private Limited a company registered in India and whose registered office address is at 3rd Floor, Narmada, Laxmi Industrial Complex, Vartak Nagar, Thane (W) 400606 India.

CONTACT DETAILS: -
If you have any queries please contact adminnotes@nimkartek.com
Mailing Address: Mailing Address: 3rd Floor, Narmada, Laxmi Industrial Complex, Vartak Nagar, Pokhran Road 1, Thane (W), 400606, India