1. Introduction

1.1 All persons accessing www.nirwanuniversity.ac.in (Site / Application) and/or availing the Services offered (hereinafter referred to individually as “User” and collectively as “Users”, “you” or “your”, as the context requires) are requested to read these Terms of Services before accessing or using the Site / Application or availing any Services or downloading or posting any content from or on the Site or via the Application, carefully, as they contain important information regarding legal rights, remedies and obligations. For accessing or using our Site, Application or Services, you would be required to confirm that you have read, and that you have understood and you agree to be bound by these terms and conditions, as may be modified by us from time to time, and further that you are competent to undertake to be bound by and adhere to these Terms of Services. Availing of the Services is treated as acceptance of these terms.

1.2 The Terms of Services govern your access to and use of the Site, Application and Services and all the text, graphics, images, music, software, audio, video, information or other materials including the materials based on third party sources, that are made available by us through the Site, Application, Services or its related promotional campaigns and official social media channels (“Content”). For avoidance of doubt, the term “Content” shall include:

1.2.1 Printed material/booklets provided as part of any Service (whether on a complimentary basis or on a paid basis).

1.2.2 Any other material provided or made available as part of or in connection with any Service.

1.3 Your ability to access or use the Site, Application or avail the Services, is subject to your acceptance of the Terms of Services as set out in Clause 1.1 above.

1.4 If a User does not agree to these Terms of Services, then such User shall have no right to access or use the Site, Application, Services or any contents thereof.

1.5 At the time of registering with us to access the Services through the Application/Site, Users may be required to provide necessary information/declarations as to their competence to undertake and comply with these Terms of Services. Users may be required to provide true and accurate information as may be required, including with respect to proof of age/competence to contract, to the Site / Application on demand or as required by law or Government or its agencies.

2. User Provided Information

2.1 The Site/Applications obtain the information you provide when you register for any Courses or avail any facilities forming part of the Services on the Site / Applications, including with respect to your user account created via www.nirwanuniversity.ac.in (either through the Site or the Application(s)) ("Account") for the Courses listed on the site. At the time of registration as also your subsequent access/use of the Site/Application, the Site/Application shall be entitled to collect personally identifiable information about you, including details such as your first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,), as also other information you enter into our system when using the Application/Services/Site, such as while asking doubts, participating in discussions, presentations, etc. and taking tests (including mock tests) and transaction-related information, such as when you make purchases or respond to any offers. The Site / Application has the right to collect and analyse data and other information relating to use of various aspects of the Services (including without limitation User data and data derived therefrom). The Site / Application is also entitled to:- (a) seek, collect and process information pertaining to the marks / scores Users obtain in any exams (including mock tests) they undertake, exam results, ranking etc.; (b) exclusive rights in and over any studies, analysis, performance analytics (including meta data) pertaining to and/or based on information of the Users (including any class or category of such Users).

2.2 If you choose to link your social media account with your Account or provide registration/user details of any other website including Government sites, we collect basic information about you from those social media platforms or any other website as mentioned, such as name, age, gender, location, e-mail address, status, etc. In addition to the above, the Application/Site may collect/elicit certain information automatically which shall include, but not limited to, the type of mobile device you use, the IP address of your mobile device/personal computer, the operating system of your mobile device/personal computer, etc. The information collected may be used for the following, amongst other, purposes:

2.2.1 Providing or making available the Services (including sharing such information with our third-party service providers in connection with the provision of the Services);

2.2.2 Promotional activities;

2.2.3 Compiling / conducting performance analytics (including meta data) pertaining to the Users and/or their performance;

2.2.4 Such other ancillary purposes as may be determined at our discretion.

2.3 We use (a) an outsourced transaction processing company/payment gateway for the purpose of billing you for the goods or services we provide; (b) third party service provider for providing the back-end learning management system services. The said company/gateway/ third party service provider may retain, share, store or use your information in connection with the transaction(s) in question and for any other relevant and related purpose.

2.4 By accessing the Application/Site/Services or by registering with us and creating an Account for courses of www.nirwanuniversity.ac.in, it is deemed that you have expressly consented to collection, processing, storing, disclosing and handling of information as set forth in these Terms of Services now (and as amended may be amended from time to time) by us or any of our third party service providers as set out in Clause 2.3 above. While we shall comply with our obligations under the laws of India (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) in the collection, processing, storing, disclosing and handling of such information, please note that all sharing/submission of information by you is at your own risk.

2.5 The ability of a User to register with us or access the Services via the Application/Site is subject to the User being above 18 years of age and being otherwise competent to adhere to (and undertake to adhere to) these Terms of Services. User shall provide proof of age to the Site / Application on demand or as required by law or Government or its agencies. The ability of any person below 18 years of age to access or avail the Services via the Site / Application is subject to and conditional upon the registration and creation of an Account (for the use of such minor person) by such person’s guardian, who must be competent to and undertakes to ensure (in respect of such minor person’s access to or use of the Site/ Application/Services) adherence to these Terms of Service, and acceptance of liability for such minor’s actions.

3. Usage of Site, Application or Services

3.1 The Site, Application and Services facilitate Users to enrol for the educational courses, coaching classes, live demo, seminars/webinars, career services and/or the doubt clearing sessions or such other courses on www.nirwanuniversity.ac.in (“Courses”). If you wish to enrol for any such Courses, you are required to register with us to create an Account.

3.2 Your ability to register for any Course(s) or avail any Services is conditional upon:

3.2.1 Your provision of current, accurate data, including with respect to your contact details.

3.2.2 Availability at your end of the devices/hardware that is compatible with the Application/Site (as may be modified from time to time). You shall be responsible for ensuring your devices/hardware compatibility for the purposes of accessing the Site / Applications in a safe and secure manner and we shall not be responsible/liable for the same.

3.2.3 Your continued adherence to these Terms of Services at all times.

3.3 You are solely responsible for protecting the confidentiality of your Account’s credentials viz. username and password (you will be required to change the default password before commencing access to the Course and the password you set is distinct and unique to you, and the Site / Application does not have any access to the same). Any activity under your Account accessed through the use or application of your password will be deemed to have been done by you. At no point in time will the Site / Application be liable for any losses caused by any unauthorised access to or use of your Account, including uploading any content on the Site/Application, and you shall solely be liable for the losses caused to us or others due to such unauthorised use, if any. In the event you provide us with false/inaccurate information or the Site / Application has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your Account and/or refrain from rendering any Services to you.

3.4 The usage of the Site, Application and Services is strictly limited to educational purposes alone. We provide the Users of our Site, Application and Services with access to educational information and related sources on an As Is Basis. While every effort is made to maintain the highest standards in the collection and dissemination of data, we assume no liability for the accuracy/completeness/use/currency of such information provided on our Site, Application or Services. From time to time, we may provide free contents or compiled educational information based on third party sources. You agree and acknowledge that the Site / Application is not liable for any errors or inaccuracies which might appear in such information.

3.5 All information and material, including without restriction the Content, and all intellectual property comprising therein, including all copyrights, trademarks, trade names, etc. are proprietary to the Site / Application (or to such third parties as specified by way of appropriate credits on the Site/Application). You acknowledge that you acquire no rights whatsoever therein by the access to the Site/Application or availing of the Services. User also acknowledges that some Content may be in encrypted form, and will thus only be viewable on the Application / Site and cannot be downloaded or otherwise accessed.

3.6 Your use of the Site/Application shall be solely for your personal and non-commercial use. Without prejudice to the generality of the foregoing:

3.6.1 No portion of the Application or Site or Services or the Content shall be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited (including by way of recording of any sessions) for any commercial purpose.

3.6.2 You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) or whole or any portion of the Content of the Site, Application or the Services without our express written consent.

3.6.3 You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent.

3.6.4 You shall not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

3.6.5 You shall not allow any third parties to access your Account or otherwise disseminate any information which you may learn from the Site /Application to any third parties.

3.7 We shall be entitled to remove, edit, review or delete any Content as also any other material posted on the Site/Application by the Users, at any point in time. The user interface of the Site/Application may also be changed by www.nirwanuniversity.ac.in, at its sole option and discretion.

3.8 We are not responsible for any content posted or uploaded by Users onto the Site/Application even if the same is used as part of the Service, Site or Application.

3.9 The Site/Application may contain links to third-party sites or domains for payment gateways, links of third-party financiers providing financing arrangements, third party links providing additional / supplementary information etc. You may be required to read, understand and accept the terms as applicable to the access/use of these sites. We are not responsible for any issues you may encounter with respect to such third-party sites/domains/arrangements/relationships.

3.10 It is clarified that all the Users of the Site, Application, Services and the Contents, are bound by these Terms of Services.

3.11 We shall have the right to monitor the download / access as also usage of the Site/Application by any User.

3.12 Any feedback/information provided by Users with respect to the Application or the Site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, (i) your feedback/information shall not contain confidential or proprietary information of you or of third parties; (ii) the Site / Application is not under any obligation of confidentiality, express or implied, with respect to the feedback/information; (iii) you acknowledge that the Application or the Site may have something similar to the feedback already under consideration or in development; and (iv) you shall not be entitled to any compensation or reimbursement of any kind from us for the feedback/information under any circumstances.

3.13 Under no circumstances shall the Site / Application be responsible in any manner for any content provided by Users/third parties.

4. Cookies

4.1 We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, in order to keep track of the user’s preferences. Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends. The data thus retrieved from the user’s IP address enable us to enhance our offers, including but not limited to more content in areas of greater interest to most users.

4.2 Our Site, Application, Services uses cookies to identify the areas of our Site/Application that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalise the Content that you see on our Site/Application. Most Web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our Site/Application correctly or at all. We never place personally identifiable information in cookies.

5. Termination and Consequences of Termination

5.1 We reserve the right to immediately terminate or suspend your Account and withhold/suspend any Services (in addition to any legal remedy that we can avail), at any time, if (i) you have failed to comply with these Terms of Services (including without restriction default / non-payment of the applicable Course Fee (including any portion or instalment thereof) as contemplated in Clause 6.4 above) (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration, (iii) you have violated any applicable laws, regulations or third party rights, or (iv) we believe in good faith that the action of termination or suspension of your Account or cessation of Services is reasonably necessary to protect the safety or property of :- (a) The Site / Application or (b) other Users of the Site, Application or Services or (c) third party service providers of the Site / Application.

5.2 In addition to the above, we reserve the right to review your Account from time to time for fraud prevention, risk assessment, security or investigation purposes. In case of any violation of these Terms of Services which results in a civil or criminal liability under applicable laws, we may also disclose your Account information, if required by any Government or legal authority.

6. Miscellaneous

6.1 Indemnity: You shall indemnify and hold harmless the Site / Application from and against any claims, damages, losses, liabilities, costs, etc. arising out of:

6.1.1 Your use of and access to the Application/Site/Content/Services, including without restriction your violation or infringement of any third-party rights in this regard

6.1.2 Your violation of these Terms of Services

6.1.3 Any other failure to comply with any general conditions as may be notified by www.nirwanuniversity.ac.in in connection with the Site/Application/Services.

6.2 These Terms of Services are provided so that you are aware of the terms that apply to your access/use of the Site/Application and Services. You acknowledge that we have given you a reasonable opportunity to review these Terms of Services before choosing to accept the same.

6.3 These Terms of Services are governed by the laws in force in India. All issues arising out of these Terms shall be subject to the jurisdiction of courts in Delhi/NCR.

6.4 We hereby reserve the right to modify these Terms from time to time, by changing the Terms of Service on the Site, which you are required to regularly review to update yourself thereof. Upon any modification of these Terms (or any part thereof) you will be provided with an intimation of the same, whereupon your ability to continue to access the Site/Application or avail any Services shall be subject to the relevant Clauses above with respect to the Terms, as modified.

7. Disclaimer

7.1 www.nirwanuniversity.ac.in shall have no liability in the event of your inability to access/use the Site, Application or Services (or any part thereof) as a result of any acts of civil or military authority, flood, fire, epidemic, war or riot, act of God, or any other acts or developments beyond reasonable control.

7.2 In no event will the Site / Application be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site/Application/Services or any materials or Content thereon, whether based on warranty, contract, tort (including negligence), statute, or any other law, and whether or not the Site / Application has been informed of the possibility of damage.

7.3 Your ability to access or use the Site / Application / Services is based on information provided by you not being inaccurate, false or misleading in any respect. In no event shall the Site / Application be responsible for any inaccuracies or fallacies in any information provided by you or the consequential impact thereof on your registration or eligibility to continue to access or use the Site / Application / Services.

 

1.User Provided Information

1.1 The Services/Site/Applications obtains the information you provide when you download and register for the Application/Services/Site, including with respect to your user account created via the Site or the Application of www.nirwanuniversity.ac.in (“Account”). At the time of registration as also your subsequent access/use of the Site/Application, the site shall collect personally identifiable information about you, including details such as your first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,), as also other information you enter into our system when using the Application/Services/Site, such as while asking doubts, participating in discussions, presentations, etc. and taking tests (including mock tests) and transaction-related information, such as when you make purchases or respond to any offers.

1.2 If you choose to link your social media account with your Account or provide registration/user details of any other website including Government sites, we collect basic information about you from those social media platforms or any other website as mentioned, such as name, age, gender, location, e-mail address, status, etc. In addition to the above, the Application/Site may collect/elicit certain information automatically which shall include, but is not limited to, the type of mobile device you use, the IP address of your mobile device/personal computer, the operating system of your mobile device/personal computer, etc. The information collected may be used for the following, amongst other, purposes:

1.2.1 Providing or making available the Services (including sharing such information with our third-party service providers in connection with the provision of the Services);

1.2.2 Promotional activities;

1.2.3 Such other ancillary purposes as may be determined at our discretion.

1.3 We use an outsourced transaction processing company/payment gateway for the purpose of billing you for the goods or services we provide. The said company/gateway may retain, share, store or use your transaction related information for any other purpose.

1.4 By accessing the Application/Site/Services or by registering with us and creating an Account, it is deemed that you have expressly consented to our collection, processing, storing, disclosing and handling of information as set forth in these Terms of Services now and as amended by us. While we shall comply with our obligations under the laws of India (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) in the collection, processing, storing, disclosing and handling of such information, please note that all sharing/submission of information by you is at your own risk.

1.5 By registering with us or accessing the Application/Site/Services shall mean that the user is above 18 years of age and shall provide proof of age to www.nirwanuniversity.ac.in on demand or as required by law or Government or its agencies.

1.6 Any information provided containing any personal data relating to a minor shall be deemed to have been provided with the due consent of such minor’s legal guardian.

2.Usage of Site, Application or Services

 

2.1 The Site, Application and Services facilitate students to enrol for the educational courses, coaching classes, live demo, seminars/webinars, assessments and/or the doubt clearing sessions or such other courses which are listed on www.nirwanuniversity.ac.in (“Courses”). If you wish to enrol for any such Courses, you are required to register with us to create an Account.

2.2 Your ability to register for any Course(s) or avail any Services is conditional upon:

2.2.1 Your provision of current, accurate data, including with respect to your contact details.

2.2.2 Availability at your end of the devices/hardware that is compatible with the Application/Site (as may be modified from time to time). You shall be responsible for ensuring your devices/hardware compatibility and we shall not be responsible/liable for the same.

2.2.3 Your continued adherence to these Terms of Services at all times.

2.3 Any activity under your Account will be deemed to have been done by you. You are solely responsible for protecting the confidentiality of your Account’s credentials viz. username and password. At no point in time will the site be liable for any losses caused by any unauthorised access to or use of your Account, including uploading any content on the Site/Application, and you shall solely be liable for the losses caused to us or others due to such unauthorised use, if any. In the event you provide us with false/inaccurate information or if www.nirwanuniversity.ac.in has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your Account and/or refrain from rendering any Services to you.

2.4 The usage of the Site, Application and Services is strictly limited to educational purposes alone. We provide the users of our Site, Application and Services with access to educational information and related sources on an As Is Basis. While every effort is made to maintain the highest standards in the collection and dissemination of data, we assume no liability for the accuracy/completeness/use/currency of such information provided on our Site, Application or Services. From time to time, we may provide free contents or compiled educational information based on third party sources. You agree and acknowledge that www.nirwanuniversity.ac.in is not liable for any errors or inaccuracies which might appear in such information.