Terms of Use

Last Updated - 8 April 2019

These Terms & Conditions (“Terms”) govern the way in which you (a) use our website (insert URL of website) or our applications (together referred to as “Website”) (b) subscribe to the eLearning courses offered by us through our Website (“Services”) or (c) any modes of registration or usage of Services, including through SD cards, tablets or other storage/transmitting device between Indian Machine Tool Manufacturers’ Association (“IMTMA/we/us/our”) and its users (“User/you/your”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011, thereunder, as amended from time to time.

IMTMA shall in no circumstances be held liable for any damages occasioned to you as a consequence of the amendment, disruption, suspension or deletion of the Services. You undertake not to disrupt, or attempt to disrupt, the functioning of the Services.

Acceptance of the Terms
1. By using the Website and/or subscribing to the Services of IMTMA, you confirm that you have read these Terms and agree to be bound by them. You expressly acknowledge that you have apprised yourself of these Terms upon entering the Website and have had access to the same. If you do not agree to these Terms, then you are not authorised to continue use of the Website or avail the Services. These Terms are entered into by and between IMTMA and you, and you accept them and agree to abide by them in their entirety, by: (i) registering on this Website; (ii) using the Website in any other manner; and/or (iii) acknowledging agreement with these Terms.
Eligibility
1. Only persons who are competent to contract according to the Indian Contract Act, 1872, shall be eligible to register for the Services on our Website. Persons who are minors, un-discharged insolvents etc. are not eligible to use our Website or register for our Services. As a minor if you wish to use our Website/Services, such use shall be made available to you by your legal guardian or parents, who has/have agreed to these Terms. In the event a minor utilizes the Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. IMTMA will not be responsible for any consequence that arises as a result of misuse of any kind of our Website or any of our Services that may occur by virtue of any person including a minor registering for the Services provided. By using the Services, you warrant that all the data provided by you is accurate and complete and that student using the Website/ Services has obtained the consent of parent/legal guardian (in case of minors) prior to providing any personal data on the Website. IMTMA reserves the right to terminate your subscription and / or refuse to provide you with access to the Website or Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the Website/ Services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that IMTMA does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria and that it shall be your sole responsibility to do so.
Grant of Licence
1. In consideration of your payment in accordance with Clause 5 below, we hereby grant you a licence to use the purchased eLearning courses. This license is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
2. This licence is personal only to you and cannot be shared, transferred or exchanged with others or used collectively along with other unregistered users.
3. You shall not copy, modify, transmit, distribute or in any way exploit the Services or the copyrighted materials provided to you other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Services or any other copyrighted materials provided to you. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
Access to Materials
1. Upon making necessary payment in accordance with Clause 5 below, you may register yourself on the Website and access the Services purchased for a duration of 30 days from the date of such registration. After 30 days, the license granted shall automatically expire and you shall not be permitted to extend this duration for any reason whatsoever. It is clarified that any payment made by you shall also not be refunded for any reason whatsoever.
2. We will take all commercially reasonable steps to provide you with uninterrupted access to the Services. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money. Where your access to the Services are restricted for any of the reasons contained in this Clause 4(b), we may provide you with a free extension of time at our sole discretion.
3. Our aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Service or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Payment
1. In consideration of the grant of limited license set out above, access to and use of the Website and Services, you hereby agree to pay us a certain fee as set out in our payment portal available on (insert payment details’ URL) and as may be updated from time-to-time by us. By registering on the Website, you agree to the pricing, payment and billing policies set out herein.
2. You will be allowed to register yourself on our Website only upon payment of your fee in full. All fees paid are non-refundable and non-transferable and you are solely responsible for the payment of, and shall pay when due, all applicable taxes and levies now in force, enacted or imposed in the future on the delivery of Services and/or any related transactions. You acknowledge that the Services provided herein are revocable, non-exclusive, non-sublicensable and non-transferable.
3. If the Services provided to you require a recurring subscription fee, failure to renew and make payment to IMTMA on prior to the due date will automatically terminate your access to the Website and Services.
4. We reserve our right to review and change the pricing of any of our Services. This will not affect the Services that have already been purchased in full by you.
Registration
1. In order to avail of our Services, you must register with us after making payment in accordance with Clause 5 above. You will be required to furnish certain information and details, including but not limited to your name, mobile number, e-mail address, residential address, educational background, payment information (credit/debit card details) if required, and any other information deemed necessary by us (“Registration Data”). With respect to the provision of information, the following may be noted :-
  - It is your sole responsibility to ensure that the account information provided by you is accurate, complete and current. You are required to maintain and promptly update the Registration Data or any information provided by you.
2. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (i) ensure that you successfully log out from your account at the end of each session; and (ii) immediately notify us of any unauthorized use or access of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password or we may suspend your account without any liability to us, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
Cancellation Policy
1. Once payment has been made in accordance with Clause 5 above, you will not be able to cancel the transaction or seek refund of your money for any reason whatsoever.
2. It is your responsibility to ensure that you meet the system configuration and other requirements, including compatible hardware, software, telecommunications equipment, necessary band-width and internet service, as mentioned in our FAQ section prior to purchasing any content. We will not process any refund where you claim inability to avail of our Services due to insufficient system requirements or otherwise.
Intellectual Property
1. All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Services are the property of IMTMA and / or its licensors as the case may be (“Proprietary Information”). No Proprietary Information may be copied, imitated, downloaded, reproduced, transmitted, modified, republished, uploaded, removed, posted or distributed in any way without obtaining prior written consent from IMTMA and nothing on this Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to IMTMA, to the User. You may own the medium on which the information, content or materials resides, but IMTMA shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by IMTMA on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
Acknowledgement and Obligations of User
1. You shall be bound by the Terms of Use when you use the Website for any purpose regardless of whether you are merely accessing the Website or whether you have paid for any Service.
2. You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and IMTMA cannot guarantee accessibility to the Website/ Services at all times. In addition to the disclaimers set forth in the Terms, IMTMA shall not be liable to you for any damages arising from your inability to log into your account and access the Website/ Services at any time.
3. You shall be solely and entirely responsible for meeting the system configuration and other requirements, including compatible hardware, software, telecommunications equipment, necessary band-width and internet service, as mentioned in our FAQ section prior to purchasing any content.
4. Your use of our Services is solely for your personal and non-commercial use. Any use of the Services or their contents other than for personal purposes is prohibited.
5. You may not decompile, reverse engineer, or disassemble the contents of the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Services.
6. You accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
7. You may access our Services, individually, as a registered User. Using Services to train/teach a group of individuals is strictly prohibited. Further, you will not (i) use the Services for commercial purposes of any kind whatsoever; or (ii) advertise or sell the Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind; or (iii) use the Services in any way that is unlawful, or harms IMTMA or any other person or entity as determined by IMTMA.
8. The User expressly permits IMTMA to contact him/her through the channels provides in the Registration Data at any time. Further, IMTMA shall have the right to monitor the download and usage of the Services/Website and the contents thereof by the User, to analyze such usage and discuss the same with the User to enable effective and efficient usage of the Services.
9. The User acknowledges that IMTMA may, at any time, withdraw any eLearning course without assigning any reasons and IMTMA shall not be liable for any claims for refund of monies or damages for such action..
Restrictions on User
1. You shall be prohibited to perform any of the following activities while availing our Services:
  - Making available any content that is inaccurate, misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, pornographic/ child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, offensive or racially, ethnically or otherwise objectionable to IMTMA or other users of the Website;
  - Stalking, intimidating and/or harassing another and/or inciting or encouraging other to commit any offence;
  - Making unauthorised disclosure of personal information of any individual/ entity or group of people;
  - Interfering with any other person’s use or enjoyment of the Website/Services;
  - Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
  - Make available any content or material that you do not have a right to make available under any law or contractual relationship;
  - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  - Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/Services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
  - Access or use the Services in any manner that could damage, disable, overburden or impair Website/ Services provided by us;
  - Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by these Terms;
  - Disrupt or interfere with the security of, or otherwise cause harm to, the Services, materials, systems resources, or gain unauthorized access to User accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
  - Interfere with, or inhibit any user from using and enjoying access to the Services, or other affiliated sites, or engage in disruptive attacks on the Services;
  - Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm, artificial intelligence or methodology, or any similar or equivalent manual process, to increase traffic to the Services, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the application/website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Services;
  - Alter or modify any part of the Services;
  - Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, rules, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
  - Violate any of the terms specified under the Terms for the use of the Services.
Amendment
1. IMTMA reserves the right to amend these Terms of Use at any time by posting the amended and restated Terms of Use on the Website. Only IMTMA’s authorised personnel (“Personnel”) may amend these Terms of Use. The amended Terms of Use shall be binding as soon as they are posted on the Website. Your continued use of the Website after such amendment(s) shall be deemed to be acceptance of the amended terms and it shall indicate that you agree to be bound by the modified Terms.
Disclaimer
1. In the preparation of the Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, IMTMA disclaims any responsibility for any errors and accuracy of the information that may be contained in the Website. Any feedback from you is most welcome to make the Website/Services and contents thereof error free and user friendly. We also reserve the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither IMTMA nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website/Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2. IMTMA shall not be responsible for the conduct of the activities of any person other than that of the Personnel on the website. IMTMA shall not be liable to you/ your representative/ associate or any other third party in connection with any damage suffered by you or any person as a result of the conduct of the activities or posts or content of any third party other than Personnel on the Website.
3. Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an as-is basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We are not responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to access further information. They do not signify that we endorse the website(s) or that we have verified the contents of the same. We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without IMTMA’s prior written consent.
4. The contents of the Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Website/Services is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. Subscription to the Services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations or securing any job/ internship post completion of the course(s). You understand that the information provided via the Website is strictly for education purpose only and shall not construed as any form of professional advice of any kind.
5. Certain contents in the Services may contain opinions and views. IMTMA shall not be responsible for such opinions or any claims resulting from them. Further, IMTMA makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
6. Certain Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. IMTMA accepts no responsibility or liability for any material communicated by third parties in this way. IMTMA reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users/ third parties directly on the Website, irrespective of whether we have certified any answer uploaded by the User. We will not be responsible to verify whether such questions/answers or contents placed by any User/ third party contain infringing materials or not.
7. IMTMA may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than IMTMA found on or through the Website, are solely between you and such advertiser. IMTMA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
8. IMTMA shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our Services.
9. Certain sections of Website and Services may separately set out additional terms and conditions that will be notified separately. IMTMA reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services does not automatically entitle the User to any and all elements of Services provided by IMTMA and IMTMA shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our Services at our discretion.
10. IMTMA makes no commitment, express or implied, to maintain or continue any aspect of the Website/ Services. You agree that IMTMA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website/Services. All prices are subject to change without notice.
11. While IMTMA has made efforts to train the Personnel engaged in the sales and services relating to its Services to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such Personnel and would not be responsible for any deviant behaviour of any such Personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
12. IMTMA may, based on any form of access to the Website/ Services (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email and call, to give information and notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds IMTMA indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our Personnel, associates and affiliates so that you may be contacted for education information and promotions through telephone, SMS, email etc.
Indemnity
1. You agree to defend, indemnify and hold harmless IMTMA, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these Terms or any other policy of IMTMA; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your use of the Application/Website/Services has caused damage to a third party. This indemnification obligation will survive these Terms.
2. To the full extent permitted by law, IMTMA, its officers, employees, partners or agents shall not be liable to you or any third party for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with your use of the Website and/ or Services, even if IMTMA has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Website/ Services; statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behaviour, or false or fraudulent representations; or (c) content or information you may download, use, modify or distribute.
3. In the event of your breach of these Terms, you agree that IMTMA will be irreparably harmed and may not have an adequate remedy in money or damages. IMTMA therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. IMTMA’s right to obtain such relief shall not limit its right to obtain other remedies.
Termination
1. Any violation by you of these Terms may result in immediate suspension or termination of your usage of the Website/ Services apart from any legal remedy that IMTMA can avail. In such instances, IMTMA may also disclose your Registration Data if required by any governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
2. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Jurisdiction and Arbitration
1. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, subject to the arbitration clause below, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore City and you hereby accede to and accept the jurisdiction of such courts.
2. Any dispute arising between you and IMTMA shall be submitted to arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by both parties. The venue of arbitration shall be Bengaluru city, India.
Waiver
1. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Even if any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, other provisions of the Terms will remain in full force and effect.
Miscellaneous
1. Notice: All notices served by IMTMA shall be provided via email to the email address provided in your Registration Data Any notice to be provided to IMTMA should be sent to kng@imtmaelearn.in.
2. Entire Agreement: The Terms, along with the Privacy Policy, Cookie Policy and any other guidelines made applicable to the Website/ Services from time to time, constitute the entire agreement between IMTMA and you with respect to your access to or use of the Website and the Services.
3. Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. IMTMA’s rights under the Terms are freely transferable by IMTMA to any third parties without your consent.
4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
5. Relationship: You acknowledge that your participation on the Website/ Services, does not make you an employee or agent or partner or franchise of IMTMA in any way.
6. IMTMA provides these Terms so that you are aware of the terms that apply to your use of the Website/ Services. You acknowledge that, IMTMA has given you a reasonable opportunity to review these Terms and that you have agreed to them.
Feedback
1. Any feedback you provide with respect to the Website/ Services shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) IMTMA is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from IMTMA for the feedback under any circumstances.
Contact Information
1. For communications concerning these Terms, you may contact IMTMA by e-mail : kng@imtmaelearn.in. For help with the use or access of the Services and its contents, please contact Customer Service by e-mail kng@imtmaelearn.in or by phone at +91 80 6624 6600 (charges will apply).