TERMS OF SERVICE AGREEMENT
The Services (defined below) are provided by Nirmaan Impact Hiring, an NGO
which has impacted 1+ million beneficiaries through Education, Livelihoods
and Social Leadership, having its office at Flat No:401, Jai Hind Enclave,
Madhapur, Hyderabad, Telangana -500081 (hereinafter referred to as
"Nirmaan Impact Hiring ", "we", "us" or
"our" as the context may require). These Terms of Use
("Terms") govern your use of Nirmaan Impact Hiring website and
services ("Services"). As some of our Services may be software
that is downloaded to your computer, phone, tablet, or other device, you
agree that we may update this website, and that these Terms will apply to
such updates. These Terms, including the policies referenced in these Terms,
represent a binding contract between you and us with regard to the Services.
You indicate your agreement to these Terms by clicking or tapping on a
button indicating your acceptance of these Terms, by executing a document
that references them, or by using the Services. Therefore, please read these
Terms carefully, and contact us at Email id if you have any questions.
Terms Of Service
Registration and Information. You need not register with us to simply
visit and view our website, but to access and avail the Services being
offered, you will need to create a password-protected account (“Account”).
During the registration process you are also required to submit your
personal information, which may include information relating to your name,
age, school, class and location, among other things. You agree that the
information provided by you upon registration and at all times thereafter
will be true, accurate, current and complete. You agree to maintain and
update this information to keep it true, accurate and complete at all
times while using the Services.
By sharing your email address & phone number with us, you consent to
be contacted by us via phone calls, SMS notifications, email, and/or any
other electronic mode of communication in case of upcoming events, program
updates and deadline.
You are solely responsible for safeguarding your password
("Password") at all times and shall keep your Password secure at
all times. You shall be solely responsible for all activity that occurs on
your Account and you shall notify us immediately of any breach of security
or any unauthorized use of your Account. Similarly, you shall never use
another's Account without our permission. You agree that you will not
misrepresent yourself or represent yourself as another user of the
Services. You hereby expressly acknowledge and agree that you yourself
will be liable for your losses, damages and expenses (whether direct or
indirect) caused by an unauthorized use of your Account. Notwithstanding
the foregoing, you may be liable for our losses or others due to such
unauthorized use.
User Content
The Services enable you to share your content, such as personal information,
your education details, work experience with Nirmaan PwD
Platform. You retain all intellectual
property rights in, and are responsible for, the User Content you share. We
are not responsible for any actions you take with respect to the User
Content, including sharing it publicly. Further, you are not permitted to
use another user’s User Content without such user’s express consent.
How Nirmaan Impact Hiring and Others May Use User Content
To the extent that you provide User Content, you grant Nirmaan PwD
Platform a fully-transferable, royalty-free, perpetual, sub-licensable,
non-exclusive, worldwide license to copy, distribute, modify, create
derivative works based on, publicly perform, publicly display, and otherwise
use the User Content. To clarify, this license continues
even after you stop using the Services. Nothing in these Terms shall
restrict other legal rights Nirmaan Impact Hiring may have to User
Content. We reserve the right to remove or modify User Content for any
reason, including User Content that we believe violates these Terms. To the
extent that other users use User Content in a manner not
authorized by you or by Nirmaan Impact Hiring , we shall hold no
responsibility and shall bear no liability for any loss, damage or expenses
suffered or incurred by you owing to misuse or User Content or breach of
your intellectual property rights over the User Content.
Security
We care about the security of our users. While we work to protect the
security of your Account and related information, Nirmaan Impact Hiring
cannot guarantee that unauthorized third parties will not be able to defeat
our security measures. Please notify us immediately of any compromise or
unauthorized use of your Account.
Third Party Content
Through the Services, you will have the ability to access and/or use content
provided by instructors of programs offered as part of the Services, other
users, and/or other third parties and links to websites and services
maintained by third parties. Nirmaan Impact Hiring cannot guarantee that
such third-party content, in the Services or elsewhere, will be free of
material you may find objectionable or otherwise inappropriate or of malware
or other contaminants that may harm your computer, mobile device, or any
files therein. Nirmaan Impact Hiring disclaims any responsibility or
liability related to your access or use of such third-party content. It is
clarified that Nirmaan Impact Hiring does not have a principal-agent or
employer-employee relationship with any instructor, user or third party and
shall not have bear any liability or responsibility on behalf of such
persons / entities.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove
functions, features, or requirements, and we may suspend or stop a Service
altogether. Accordingly, Nirmaan Impact Hiring may terminate your use of
any Service for any reason. Nirmaan Impact Hiring and its directors,
instructors, its contributors, sponsors, and other business partners, and
their employees, officers, staff, contractors, and other agents (the
"Nirmaan Impact Hiring Parties") shall not have any liability to you for
any such action. You can stop using our Services at any time. We may also
terminate your access to our Services if it comes to our knowledge that you
have violated any of these Terms, our Privacy Policy, any other applicable
policies or agreements between us, or any applicable laws. In this regard,
we may further take any such necessary action, including legal recourse and
removal of any non-compliant information shared by you.
Disclaimers
The services and all included content are provided on an "As is" basis
without warranty of any kind, whether express or implied. The Nirmaan
Learning Platform parties specifically disclaim any and all warranties and
conditions of merchantability, fitness for a particular purpose, and
non-infringement, and any warranties arising out of course of dealing or
usage of trade, whether express or implied. The Nirmaan Impact Hiring
parties further disclaim any and all liability related to your access or use
of the services or any related content. You acknowledge and agree that any
access to or use of the services or such content is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, the Nirmaan Impact Hiring
parties shall not be liable for any indirect, incidental, special,
consequential, or punitive damages, or any loss of profits or revenues,
lost business opportunities, whether incurred directly or indirectly, or
any loss of data, use, goodwill, or other intangible losses, resulting
from: (a) your access to or use of or inability to access or use the
services; (b) any conduct or content of any party other than the
applicable Nirmaan Impact Hiring party, including without limitation,
any defamatory, offensive, or illegal conduct; (c) unauthorized access,
use, or alteration of your content or information; (d) these terms; or (e)
act, omission or negligence to which you contributed. In no event shall
Nirmaan Impact Hiring 's aggregate liability for all claims related to
the services exceed one thousand Indian Rupees (1000 INR).
You acknowledge and agree that the disclaimers and the limitations of
liability set forth in these terms of use reflect a reasonable and fair
allocation of risk between you and the Nirmaan Impact Hiring parties,
and that these limitations are an essential basis to Nirmaan PwD
Platform's ability to make the services available to you on an
economically feasible basis.
You agree that any cause of action related to the services must commence
within one (1) year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.
Indemnification
You agree to indemnify, defend, and hold harmless the Nirmaan PwD
Platform Parties from any and all claims, liabilities, expenses, and
damages, including reasonable attorneys' fees and costs, made by any third
party related to: (a) your use or attempted use of the Services in violation
of these Terms; (b) your violation of any law or rights of any third party;
or (c) User Content, including without limitation any claim of infringement
or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Nirmaan Impact Hiring , which is located in
Hyderabad, India. You agree that any dispute related to these Terms will
be governed by the laws of the State of Telangana, excluding its conflicts
of law provisions. You further consent to the personal jurisdiction of and
exclusive venue in the national and state courts located in and serving
Telangana as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, either you or
Nirmaan Impact Hiring may elect at any point during the dispute to
resolve the claim through binding, non-appearance-based arbitration. The
dispute will then be resolved using an established alternative dispute
resolution ("ADR") provider, mutually agreed upon by you and Nirmaan
Learning Platform. The parties and the selected ADR provider shall not
involve any personal appearance by the parties or witnesses, unless
otherwise mutually agreed by the parties; rather, the arbitration shall be
conducted, at the option of the party seeking relief, online, by
telephone, or via written submissions alone. Any judgment rendered by the
arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time.
Any revisions to the Terms will be effective immediately upon posting by us.
In all cases, your continued use of the Services after publication of such
changes, with or without notification, constitutes binding acceptance of the
revised Terms. Severability and Waiver If it turns out that a particular
provision of these Terms is not enforceable, this will not affect any other
terms. If you do not comply with these Terms, and we do not take immediate
action, this does not indicate that we relinquish any rights that we may
have (such as taking action in the future).
We reserve the right to revise the Terms at our sole discretion at any time.
Any revisions to the Terms will be effective immediately upon posting by us.
In all cases, your continued use of the Services after publication of such
changes, with or without notification, constitutes binding acceptance of the
revised Terms. Severability and Waiver If it turns out that a particular
provision of these Terms is not enforceable, this will not affect any other
terms. If you do not comply with these Terms, and we do not take immediate
action, this does not indicate that we relinquish any rights that we may
have (such as taking action in the future).
Acceptable Use Policy
You are prohibited from using our Services to share content that:
- Is harmful to child.
-
Contains illegal content or promotes illegal activities with the intent
to commit such activities. Please keep in mind that learners who are as
young as 13 use Nirmaan Impact Hiring , and we do not allow content
that is inappropriate for these younger learners.
-
Contains credible threats or organizes acts of real-world violence. We
do not allow content that creates a genuine risk of physical injury or
property damage, credibly threatens people or public safety, or
organizes or encourages harm.
-
Harasses others. We encourage commentary about people and matters of
public interest, but abusive or otherwise inappropriate content directed
at private individuals is not allowed.
-
Violates intellectual property, privacy, or other rights. Do not share
content that you do not have the right to share, claim content that you
did not create as your own, or otherwise infringe or misappropriate
someone else’s intellectual property or other rights. Always attribute
materials used or quoted by you to the original copyright owner.
-
Is patently false and untrue, and is written or published in any form,
with the intent to mislead or harass a person, entity or agency for
financial gain or to cause any injury to any person.
-
Deceives or misleads the addressee about the origin of the
message/content or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may
reasonably be perceived as a fact; or communicates any information which
is grossly offensive or menacing in nature.
-
Contains software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any
computer resource.
-
Is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatsoever.
-
Threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
-
Spams others. Do not share irrelevant or inappropriate advertising,
promotional, or solicitation content.
-
Otherwise violates these Terms. Please note that specific courses
offered as part of the Services may have additional rules and
requirements.
- Lorem ipsum dolor sit amet, consectetur adipisicing elit
You also are not permitted to:
-
Do anything that violates local, state, national or international law or
breaches any of your contractual obligations or fiduciary duties.
-
Share your password, let anyone access your Account, or do anything that
might put your Account at risk.
- Attempt to access any other user's Account.
-
Reproduce, transfer, sell, resell, or otherwise misuse any content from
our Services, unless specifically authorized to do so.
-
Access, tamper with, or use non-public areas of our systems, unless
specifically authorized to do so.
-
Break or circumvent our authentication or security measures or otherwise
test the vulnerability of our systems or networks, unless specifically
authorized to do so.
- Try to reverse engineer any portion of our Services.
- Use our Services to distribute malware.
-
Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
-
Spams others. Do not share irrelevant or inappropriate advertising,
promotional, or solicitation content.
-
Otherwise violates these Terms. Please note that specific courses
offered as part of the Services may have additional rules and
requirements.
- Lorem ipsum dolor sit amet, consectetur adipisicing elit
Acceptable Use Policy
You are prohibited from using our Services to share content that:
- Is harmful to child.
-
Contains illegal content or promotes illegal activities with the intent
to commit such activities. Please keep in mind that learners who are as
young as 13 use Nirmaan Impact Hiring , and we do not allow content
that is inappropriate for these younger learners.
-
Contains credible threats or organizes acts of real-world violence. We
do not allow content that creates a genuine risk of physical injury or
property damage, credibly threatens people or public safety, or
organizes or encourages harm.
-
Harasses others. We encourage commentary about people and matters of
public interest, but abusive or otherwise inappropriate content directed
at private individuals is not allowed.
-
Violates intellectual property, privacy, or other rights. Do not share
content that you do not have the right to share, claim content that you
did not create as your own, or otherwise infringe or misappropriate
someone else’s intellectual property or other rights. Always attribute
materials used or quoted by you to the original copyright owner.
-
Is patently false and untrue, and is written or published in any form,
with the intent to mislead or harass a person, entity or agency for
financial gain or to cause any injury to any person.
-
Deceives or misleads the addressee about the origin of the
message/content or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may
reasonably be perceived as a fact; or communicates any information which
is grossly offensive or menacing in nature.
-
Contains software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any
computer resource.
-
Is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatsoever.
-
Threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
-
Spams others. Do not share irrelevant or inappropriate advertising,
promotional, or solicitation content.
-
Otherwise violates these Terms. Please note that specific courses
offered as part of the Services may have additional rules and
requirements.
- Lorem ipsum dolor sit amet, consectetur adipisicing elit
You also are not permitted to:
-
Do anything that violates local, state, national or international law or
breaches any of your contractual obligations or fiduciary duties.
-
Share your password, let anyone access your Account, or do anything that
might put your Account at risk.
- Attempt to access any other user's Account.
-
Reproduce, transfer, sell, resell, or otherwise misuse any content from
our Services, unless specifically authorized to do so.
-
Access, tamper with, or use non-public areas of our systems, unless
specifically authorized to do so.
-
Break or circumvent our authentication or security measures or otherwise
test the vulnerability of our systems or networks, unless specifically
authorized to do so.
- Try to reverse engineer any portion of our Services.
- Use our Services to distribute malware.
-
Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
-
Spams others. Do not share irrelevant or inappropriate advertising,
promotional, or solicitation content.
-
Otherwise violates these Terms. Please note that specific courses
offered as part of the Services may have additional rules and
requirements.
- Lorem ipsum dolor sit amet, consectetur adipisicing elit
Copyright and Trademark Policy
Nirmaan Impact Hiring respects the intellectual property rights of our
instructors, and other third parties and expects our users to do the same
when using the Services. We reserve the right to suspend, disable, or
terminate the Accounts of users who infringe or are charged with infringing
the copyrights, trademarks, or other intellectual property rights of others.
If you believe in good faith that materials on the Services infringe your
copyright, you may notify us by email and we will review your complaint. If
we deem appropriate, we may remove the offending content, warn the
individual who posted the content, and/or take other appropriate actions and
communicate the same to you.
The email complaint must include the following information:
-
The physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been infringed
(or, if multiple copyrighted works located on the services are covered
by a single notification, a representative list of such works);
-
Identification of the material that is claimed to be infringing or the
subject of infringing activity, and information reasonably sufficient to
allow Nirmaan Impact Hiring to locate the material on the services;
-
The name, address, telephone number, and email address (if available) of
the complaining party;
-
A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
-
A statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Privacy
By using the Services, you agree to our Privacy Policy, the terms of which
are incorporated into, and form a crucial part of, these Terms. Our Privacy
Policy sets out the terms on which we process any personal or financial data
we collect from you, or that you provide to us. Our Privacy Policy shall
also apply to your use of our website and by using our website, you consent
to such processing and you warrant that all data provided by you is
accurate.
Force Majeure
Neither of us shall be liable to the other for any delay or failure in
performance under these Terms, other than payment obligations, arising out
of a cause beyond its control and without its fault or negligence. Such
causes may include, but are not limited to fires, floods, earthquakes,
strikes, unavailability of necessary utilities, blackouts, acts of God, acts
of declared or undeclared war, acts of regulatory agencies, or national
disasters.
Grievance Redressal
The email complaint must include the following information:
Name:
E-mail id:
All the grievances and any discrepancies of the provider of information
shall be redressed within one month (30 days) from the date of receipt of
grievance.