TERMS &CONDITIONS FOR USERS / STUDENTS

GIBES.CO.IN's Terms Of Use

Please read these Terms of Use/Terms and Conditions carefully before using GIBES.CO.IN ("Website") is an internet based course portal ( referred as "Company" or "Us" or "We"), with its registered office at Level 7, The Capital, Plot C 70, Opposite Trident Hotel, Bandra Kurla Complex, Mumbai – 400051, Maharashtra, India. 

This agreement sets forth the legally binding terms and conditions for Teachers, Students and Visitors (collectively called “Users”) of the website. Teachers may also be referred as (“Your”).  By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.

It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

 

User Content Submissions

Through the Site, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. By creating an online course on the Site, you as a teacher are offering the public the opportunity to enter into a contract with you. By purchasing a course on the Site, you as the student accept that offer and the contract between the student and the teachers. GIBES.CO.IN is not a party to that agreement between the student and the teachers. All dealings are solely between Users.

 

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by the Company without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Services of the Site is available only to individuals or entities who need their funds transferred to an Indian bank account. The Company may, in its sole discretion, refuse to offer the Site's services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site's services is revoked in those jurisdictions.

 

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company and it's Site and create a User profile using a "User ID" and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; GIBES.CO.IN has no control over Facebook's login procedure. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that:

is the name of another person, with the intent to impersonate that person;

is subject to any rights of another person, without appropriate authorization; or

is offensive, vulgar, or obscene;

is in violation of any applicable law or contractual obligation.

The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

 

Terms and Conditions for Users / Students

Your Relationship with GIBES.CO.IN, Teachers, and Students

To be eligible to be a Teacher through the Services, you must be at least 18 years old, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to be a Teacher through the Services. You represent and warrant that you have obtained such permission. Children under the age of 13 may not use the Sites or Services or register for an account. Teachers are not GIBES.CO.IN employees. Teachers have the authority to decide, among other things, how to write their curricula and teach their Courses (live and pre-recorded instruction, digital goods, and learning services), subject to the terms generally applicable to all Users as stated in our Terms of Use, Privacy Policy, and this Teacher Policy. Teachers are not entitled to any compensation in addition to their registration fees, including without limitation, a salary or other employment benefits. This relationship is at will and may be terminated by either you or us at any time, for any reason or for no reason, with or without notice. Your continued use of the Services and access to the Sites, including your ability to teach or administer your Courses, is subject to your adherence to GIBES.CO.IN’s Terms of Use and this Teacher Policy and GIBES.CO.IN may terminate your ability to use the Services at any time.

You acknowledge and agree that you do not have any exclusive claim to a particular topic or curriculum by offering a particular past or present Course through the Services, that you will interact, if at all, with other Teachers in a professional manner, and that at no time may you interfere with or otherwise prevent other Teachers from providing their Courses.

Students enroll in Courses offered through our Services on our Sites, and do not have an exclusive contractual relationship with GIBES.CO.IN by virtue of their use of the Services. Students are GIBES.CO.IN Users and customers of Teachers offering Courses through the Sites. As GIBES.CO.IN Users, our treatment of Students, and their personal information is subject to the terms and conditions of our Privacy Policy, and as such, if and when we provide you with any information regarding any Student, including but not limited to Personally Identifiable Information, it is solely to facilitate your provision of the Course to that Student and you agree to treat such information with the utmost care and to reasonably protect such information from unauthorized use or disclosure. You agree to indemnify, defend, and hold harmless GIBES.CO.IN from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation or breach by you or arising from or related to your use or misuse of Student information.

 

Purchasing Services via the Website

In order to purchase any of the Services on-line you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

 

Cancellation and refund

If you have purchased an Online Course, then under no circumstances or situation or for any reason you shall have no right to cancel your order and order for a refund.

 

Delivery & Shipping

GIBES.CO.IN is a platform for online courses and connecting teachers with students and GIBES.CO.IN under no circumstances is responsible for physical delivery of any course material under any case / circumstances as committed by any teacher listed in GIBES.CO.IN Online Course Platform.  

 

Liability

No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

 Although GIBES.CO.IN aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Subject to clause, GIBES.CO.IN’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

Nothing in this Agreement shall exclude or limit GIBES.CO.IN’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

 

Intellectual Property

All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by Teachers at the Courses are, and remain, the intellectual property of GIBES.CO.IN or its licensors, whether adapted, written for or customised for the Client or not.

You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of GIBES.CO.IN on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

 

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.

 

Confidentiality

Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

This clause shall continue notwithstanding termination of these terms and conditions.

 

Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

 

Entire Agreement

 These terms and conditions, together with the Website Disclaimer and Terms and Conditions for Teachers are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

 

Force Majeure

GIBES.CO.IN shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

 

Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

 

Data Protection

The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of GIBES.CO.IN,

To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

GIBES.CO.IN endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

GIBES.CO.IN may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.

 

Changes to the User / Student Policy

We may review and update this User / Student Policy from time to time in our sole discretion and it is each User / Student’s responsibility to keep abreast of those changes. All changes are effective immediately when posted. As such, your continued use of the Sites or Services after GIBES.CO.IN makes changes to this User / Student Policy is deemed to be acceptance of those changes, so please check this webpage periodically for updates. The most recent version of the User / Student Policy supersedes all previous iterations of the User / Student Policy, including that version of the User / Student Policy in effect at the time that you registered as an User / Student or began purchasing the Course(s) through the Services.

 

 

 

 

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