These Terms of Use (the “Terms”) set out the terms and conditions for use of https://ndvibe.in/ (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “ND Vibe Platform”).

ND Vibe is a proprietorship concern which owns and operates the ND Vibe Platform. It is a free educational service provider using technology to the individual user that allows members and/or publishers to study interactive multimedia courseware and educational and training resources online.

All capitalized terms are defined/have the meaning assigned to it under these Terms of Use. In other words, if you find any word herein that has its first letter capitalized, then it means that ND Vibe have explained the meaning of such word in the context of these Terms of Use and/or the Terms; if not here, then it will be provided in the relevant Terms – when ND Vibe refer to any such term in these Terms of Use, ND Vibe will try and specify where in the Terms you can find the meaning/definition.

YOUR ACCEPTANCE

  • These Terms apply to all users of the Platform, including without limitation, all persons who create and / or make available information, data, tutorials, study material, courses, up-skill training sessions; etc. (referred as “Content”) on the Platform like teachers, trainers etc. (referred to as “Teachers”) and users who access the Platform to learn a subject or a skill (referred to as “Learners”) or users who access the Platform otherwise (collectively referred to as “you”, “your”, or “User(s)”). These Terms of  Use along with the Privacy Policy, Cookies Policy, Intellectual Property Rights and Takedown Policy, and Payment Terms, Cancellation and Refund Policy; and any other terms and conditions, rules, policies or guidelines included in these Terms of Use or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other 3rd (third) party platforms that may be used or accessed for gaining access to the Platform or using the services on the Platform (collectively referred to as the “Platform Term(s)”), defines the relationship between you and ND Vibe, and they shall govern your use of the Platform and the services offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and ND Vibe (“Agreement”).
  • By visiting and accessing the Platform, or providing your personal information, or using the services offered by ND Vibe including any general or specific services (collectively referred as “Products” or “Services”), or by clicking on the “register” button (i.e. signing up for the Services of our Platform), or by otherwise signalling your agreement/ consent when the option is presented to you, or subscribing the online and offline multimedia courses/content, teacher lectures, 3rd (third) party content, exams, ebooks, notes, teacher manual, teacher syllabus, literature including texts, graphics, images, audio, video (in any form or format), or any kind of content pack or subscribing to any of our portals, you hereby expressly accept and agree to the Terms. If you do not agree to any of the Terms or do not wish to be bound by them, then please do not use the Platform in any manner.
  • ND Vibe’ acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
  • From time-to-time, updated versions of the Terms may be made available as aforesaid for your reference. Although ND Vibe may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at Terms of Use. ND Vibe may, in its’ sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of use shall be deemed to confer any 3rd (third) party rights or benefits.
  • You are only authorized to use the ND Vibe Products/ Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Platform and discontinue use of the Platform immediately. If you wish to become a User, communicate with other Users, or make use of the Platform Services, you must read this Agreement and indicate your acceptance during the registration process.
  • ND Vibe reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Platform Services at any time, for any or no reason, with or without prior notice, and without liability.

USER SUBMISSIONS

  • ND Vibe does not control the information delivered and upload to the ND Vibe Platform, forums or user’s websites and ND Vibe has no obligation to monitor any such information.
  • As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the “Content”:
  • Post or transmit material that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
  • Post a material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • Publish, post, upload, distribute or disseminate or offer to do the same to any material that is inappropriate, obscene, defamatory, infringing, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity;
  • Post sexually – explicit language or images;
  • Post advertisements or solicitations of business;
  • Post or transmit any chain letters, pyramid schemes, surveys or contests;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
  • Intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Content;
  • Restrict or inhibit any other user from using and enjoying the Content.
  • Harm minors in any way; or
  • Collect or store information about others, including e-mail addresses, without their consent.
  • You are responsible for maintaining the integrity of your personal account. The User account is non- transferable.
  • If you suspect that unauthorized use of your account has occurred, you must immediately report such activity to ND Vibe. You agree to indemnify and hold ND Vibe harmless against any and all claims arising out of your use or alleged use of your user account and user online personal. You further agree to co-operate with ND Vibe in the defence of claims related to your use or alleged use of your account or your online personal.
  • ND Vibe does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance or material posted by other users will be at your own risk.
  • ND Vibe does not screen user communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of any such communications, which allegedly do not conform to any term of this Agreement, ND Vibe may investigate the allegation and determine in good faith, in its sole discretion, whether to remove or request the removal of such communications.
  • ND Vibe has no liability or responsibility to Users for performance or non-performance of such activities. ND Vibe reserves the right to expel users and prevent their further access to the Platform for violating this Agreement or the law and has exclusive right to remove such communications which are abusive, illegal, or disruptive at any time without notice.
  • You acknowledge that the postings on the Platform are public and not private communications and therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children on the Platform.
  • ND Vibe does not control or endorse the content, messages or information found in the Platform and, therefore, ND Vibe specifically disclaims any liability with regard to the Content and any actions resulting from your participation in the Platform. Generally, any communication which you post on the Platform (whether in discussion groups, user’s websites or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ND Vibe as confidential, that fact will be stated on those pages.

ACCURACY OF ACCOUNT INFORMATION

  • In consideration of your use of ND Vibe Platform, you agree to provide true, accurate, current and complete information about yourself as prompted by ND Vibe’ registration form (such information being “Your Data”), maintain and promptly update Your Data to keep it true, accurate, current and in complete compliance with these Terms.
  • If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if ND Vibe believe that such information is untrue, inaccurate, not current incomplete or misleading, then ND Vibe reserves the right to suspend or terminate your account and refuse or restrict any and all current or future use of the ND Vibe Products, without any liability to you.

NON-COMMERCIAL USE BY USERS

  • The ND Vibe Services are for the personal use of Users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by ND Vibe.
  • Illegal and/or unauthorized use of the ND Vibe Services, including collecting usernames and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the ND Vibe Platform is prohibited.
  • Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of User privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ND Vibe Services.

DISCIPLINARY ACTION

  • Violation of the rules of conduct may result in disciplinary action issued by a system administrator against that particular user. Violations are evaluated on a case-by-case basis depending on the severity of the offense and past history of violations. The following types of disciplinary action are those most often applied:
  • Deletion of offending material: Vulgar, offensive, defamatory, pornographic, or obscene material will not be tolerated and is subject to deletion. This includes discriminatory statements, including those with regard to race, religion, gender, sexual orientation, region, etc.
  • Block: If lectures or video are found obscene, the user will be blocked. A block is the temporary deactivation of a violator’s posting privileges. A system administrator may apply a block to freeze a deteriorating situation and may at any point decide to revive the violator’s right of posting on his sole discretion.
  • Ban: A ban is the permanent deactivation of the violator’s account with ND Vibe. A system administrator applies a ban in response to very severe offenses and/or consistent display of unwillingness to follow the Terms of Use.

PRIVACY

  • ND Vibe take your privacy seriously and are committed to protect your right to privacy as a user of our Platform. ND Vibe have made every effort to ensure your information is secure.
  • This privacy policy information covers what information is collected, what ND Vibe does with it, and what you can do about it. You can use this information to make your decisions about your privacy.
  • Any personal information submitted in connection with your use of our services or the Platform is subject to ND Vibe Privacy Policy.

GENERAL DISCLAIMER

  • The Platform and its products may give you access to links from 3rd (third) party websites (“Third Party Sites”), either directly or through Content and/or Teachers. ND Vibe does not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, ND Vibe does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing any Third Party Site is appropriate and to protect your personal information and privacy on such Third Party Sites.
  • ND Vibe reserve the right to revise these Terms in its sole discretion at any time by posting the changes on the Platform. Changes become effective immediately after posting. Your continued use of ND Vibe Platform; after such changes become effective shall mean that you accept those changes. You should visit the Platform regularly to ensure you are aware of the latest version of the Terms. ND Vibe may modify the services or discontinue their availability at any time.
  • You are solely responsible for all data charges, service, telephony, and/or other fees and costs associated with your access to and use of the Products, as well as for obtaining and maintaining all hardware including telephone, computer and other equipment required for using and access to our Platform.
  • If you elect to access or use Products, from our Platform, that involve payment of a fee, then you agree to pay, and will be fully responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for any such fees, then you hereby represent and warrant that you are authorized to supply that information and hereby authorize us to charge your credit card on a regular basis to pay the fees as they are due. If your payment method fails or your account is past due, then ND Vibe may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. ND Vibe may also block your access to any Services/ Products pending resolution of any amounts due by you to ND Vibe.
  • All of your use, access and other activities relating to the Platform and the Products must be in full compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and intellectual property use and laws related to privacy and personal identity. In connection with your use of the Products and the  Platform, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack or interfere with the Products or operation of the Platform; frame or embed the Platform or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Products or operation of the Platform; scrape, spider, use a robot or other automated means of any kind to access the Products.
  • In no event shall ND Vibe, its suppliers or any third parties mentioned in the Platform be liable for any damages, whatsoever, (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Content, whether based on warranty, contract, tort or any other legal theory and whether or not ND Vibe is advised of the possibility of such damages.

CONDUCT

  • You may only access the content on the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products on the Platform.
  • You agree not to use our Products or the content to recruit, solicit or contact in any form instructors or potential users for employment or contracting for a business not affiliated with us without our written permission in advance, which may be withheld in our sole discretion. You assume all and/or any risks from any meetings or contact between you and any instructors or other users of the Products.

SPECIFIC OBLIGATIONS OF TEACHERS

  • If you are instructing Users in connection with a course you are “Teacher” and the following additional terms and conditions apply and you represent, warrant and covenant that:
  • You are subject to ND Vibe’ approval, which ND Vibe may grant or deny on its’ sole discretion.
  • You need to complete the user registration on ND Vibe’ Platform.
  • You will be responsible for all of your submitted content, that you own or have the necessary, consents, licenses, rights and permissions, and have the authority to authorize ND Vibe, to distribute, reproduce, publicly perform (including by means of a digital audio transmission), publicly display, promote, market, communicate to the public, and otherwise use and exploit any of your submitted content on and through the Products in the manner contemplated by this Agreement, and that no submitted content shall infringe or misappropriate any intellectual property right of a third party;
  • You have the required knowledge, qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services that you offer on and through the Platform and the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
  • You will not upload, post, write or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to Users;
  • You will not use the Products for any business other than for providing tutoring, teaching and instructional services to Users of the Platform;
  • You will not engage in any activity that will require ND Vibe to obtain any licenses from or pay any royalties to any 3rd (third) party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  • You will not copy, modify or distribute ND Vibe data or content except as permitted in this Agreement, if any;
  • You will not interfere with or otherwise prevent other Teachers from providing their services or courses;
  • You will maintain your enrolment and account information, and all such enrolment and account information shall be accurate.

SPECIFIC OBLIGATIONS OF USERS USING THE PLATFORM

  • If you are a User in search of and/or engaging Teacher(s), you represent, warrant and covenant that:
  • You have read, understood and agree to be bound by the pricing information before using the Platform or registering for a course;
  • If you are under the age of 18 (eighteen) years, you have obtained parental or legal guardian consent before using the Platform, contacting an instructor, or registering for a course.
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Platform or the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
  • You will not distribute, reproduce, publicly perform, publicly display, communicate to the public, create derivative works from or otherwise use and exploit any ND Vibe’ Content or the Products except as permitted by these Terms or the relevant Teacher as applicable;
  • You will not disclose any of your personal information to a Teacher, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, and taking appropriate steps to protect such information; and you will not solicit personal information from any Teacher or other User.

REGISTRATION

  • To use certain Products on ND Vibe, you will need to register and obtain an account that includes username and password.
  • When you register on ND Vibe Platform, the information you provide to us during the registration process will help us in offering relevant content, customer service, and network management.
  • You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your “Account”) and for all activities associated with or occurring under your Account.
  • You warrant and represent that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of the security of your Account and (b) ensure that you exit from your Account at the end of every use of the Products.
  • ND Vibe cannot and would not be responsible for any loss or damage arising from the failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to you notifying us of an unauthorized access to your Account.
  • You may not transfer your Account to any other person or company and you may not use someone else’s Account at any time without the permission of the account holder.
  • In cases where you have authorized or registered another individual, including a minor, to use your Account, you will be fully responsible for (i) the conduct of such User on the website; (ii) controlling the User’s usage and access to the Products; and (iii) the consequences of any misuse with the account or content.

CONTENT, LICENSES & PERMISSIONS

  • All technology, software, materials, information, designs, text, links, communications, graphics, animations, electronic art, photographs, illustrations, artwork, audio clips, video clips, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”
  • Where ND Vibe provides Content to you in connection with the Products or Services, including, without limitation, the software and the Products and the Platform, it is “ND Vibe’ Content.”
  • Content uploaded, transmitted or posted to the Website or through the Products by a User or Teacher is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or 3rd (third) party providers and suppliers) and is protected, without limitations.
  • You hereby warrant and represent that you have all the licenses, rights, permissions, permits, and consents, necessary to grant the rights set forth in these Terms to with respect to your Content and that ND Vibe shall not need to obtain any licenses, consents, rights, permits, or permissions from, or make any payments to, any 3rd (third) party for use and/ or exploitation of your Content as authorized in the Terms mentioned here or have any liability to you or any other party as a result of any use or exploitation of your Content as authorized in these Terms.
  • You hereby grant ND Vibe a non-exclusive right and license to distribute, reproduce, publicly perform, offer, market and otherwise use and exploit your Content on the Platform and through the Products, and sublicense it to Teachers and Users for these purposes directly or through 3rd (third) parties.
  • All other uses are expressly prohibited to use the ND Vibe’ content or submitted content unless with ND Vibe’ express written consent. You may not distribute, reproduce, assign, transmit, rent, sell, broadcast, lend, share, adapt, modify, edit, create derivative works of, license, or otherwise transfer or use any Content or ND Vibe’ Content unless ND Vibe gives you explicit permission to do so. Content as submitted on the Platform and ND Vibe’ Content is licensed, and not sold, to you.
  • You agree that ND Vibe may record all or any part of any Course related communication (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Platform and the Products. You hereby grant ND Vibe a permission and release to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Platform, Products, Courses, Platform Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith. You also agree that ND Vibe reserves the right to use your testimonials (related to course and Platform) for marketing, promotion and advertising of the Platform. ND Vibe will however remove testimonials written by you in case of a written request from you (only from your email registered with https://ndvibe.in/) for removal of such testimonials within 21 (twenty one) business day/s of receiving such written request.
  • ND Vibe’ respects all privacy, copyright, defamation and other laws relating to content and information and will not tolerate any violation of such laws. Notwithstanding the foregoing, ND Vibe does not screen the submitted content for accuracy and authenticity and all use of the content by you is at your own risk and ND Vibe shall have no liability for such use.
  • In particular, no review or posting or appearance of the submitted content on the Platform or through the products is intended to act as an endorsement or representation that any of your submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful.
  • If you believe that your Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a 3rd (third) party, it is your responsibility to take such steps you deem necessary to correct the situation.
  • If you believe that Content of a 3rd (third) party or any ND Vibe Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to us immediately.
  • All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

WARRANTY DISCLAIMER

  • The products, Platform, ND Vibe content, courses, and any other materials made available on or through the Platform or the products are provided “as is,” without any warranties of any kind and ND Vibe hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

INDEMNIFICATION

  • You hereby indemnify, defend and hold harmless ND Vibe, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and 3rd (third) party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder.
  • ND Vibe reserves the right, at its’ own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

TERMINATION

  • ND Vibe may terminate your use of the Products or Platform immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Platform from time to time. ND Vibe may discontinue offering any Product, Course or Content at any time (which will terminate your right to offer these Courses if you are a Teacher).
  • You may terminate your use of the Platform or the Products at any time, either by ceasing to access them, or by contacting us. If you are a Teacher then Users enrolled in your Courses prior to termination shall continue to have access to them for the duration of the Course).
  • ND Vibe have no obligation to retain any of your Account or Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Platform, Products and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
  • ND Vibe may terminate your access to the Platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
  • All provisions of this Agreement that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

INTELLECTUAL PROPERTY

  • The Platform and its original content, features and functionality are owned by ND Vibe and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

CODE OF CONDUCT

  • In using our Platform and Services, you agree to follow our Code of Conduct. Violation of our Code of Conduct may result in the immediate removal of your access to the Platform.

LIMITATION OF LIABILITY

  1. Content and any software facilities/features/service/tools may contain inaccuracies or typographical errors. ND Vibe make no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Content. Any use of the Content is at the user’s own risk.
  2. Facilities/features/service/tools currently available in the system can at any point of time be added/changed/modified/discontinued/upgraded/withdrawn/removed without any prior notification.

Changes in the Terms:

  • ND Vibe reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Platform.
  • Changes are periodically made to Content. ND Vibe are not bound to provide prior notice of any such changes.
  • ND Vibe may from time to time offer various features that require registration or the creation of an account on ND Vibe Platform. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
  • If you are under the age of 18 (eighteen) years, you have obtained parental or legal guardian consent before using the Platform.
  • ND Vibe shall not be held responsible for any Content provided by 3rd (third) parties or channel.
  • ND Vibe does not warrant that the Platform will operate free of errors – or that its servers are free of computer viruses or other harmful goods. If your use of the Platform results in the need for servicing or replacing equipment or data, ND Vibe is not responsible for those costs.
  • The Content is provided on an ‘as is’ basis without any warranties of any kind. ND Vibe and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non- infringement of proprietary or 3rd (third) party rights and the warranty of fitness for particular purpose. ND Vibe and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the Content.
  • Neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any indirect, special, incidental or consequential damages or lost profits. ND Vibe’ total liability hereunder shall be limited to the amounts paid in connection with the courses or products under which such liability arose.
  • By using ND Vibe’ Services, you agree that ND Vibe will not be liable for any indirect, incidental, special or consequential damages, loss of revenue, and loss of data or emotional distress resulting from your use of the Platform or Services. ND Vibe does not promise that the content/tutorials on our site are error-free.
  • To the fullest extent permitted by law, in no event shall ND Vibe, its affiliates, their respective officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user-generated content or any other content available at ND Vibe’ Platform, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our ND Vibe’ Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the ND Vibe’ Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our ND Vibe’ Platform by any 3rd (third) party, and/or (v) any errors or omissions in any user-generated content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the ND Vibe’ Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not ND Vibe is advised of the possibility of such damages.
  • ND Vibe understands that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, ND Vibe and its affiliates limit their liability for any claims under those warranties or conditions to supplying you the ND Vibe’ Platform again.
  • You specifically acknowledge that the ND Vibe’ Platform shall not be liable for user- generated content or the defamatory, offensive, or illegal conduct of any 3rd (third) party and that the risk of harm or damage from the foregoing rests entirely with you.
  • The ND Vibe’ Platform is controlled and offered by ND Vibe. ND Vibe makes no representations that the ND Vibe’ Platform is appropriate or available for use in other locations. Those who access or use the ND Vibe’ Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

LICENSES

  • Subject to the foregoing paragraph or as otherwise expressly provided, nothing within the Content shall be construed as conferring any license under any of the ND Vibe’ or any 3rd (third) party’s intellectual property rights, whether by implication, estoppels or otherwise.

INDEMNITY

  • You agree to defend, indemnify, and hold harmless ND Vibe, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Platform or your breach of the terms of this Agreement.
  • Shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

USER INFORMATION

  • ND Vibe may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Content; for its internal business and marketing purposes, and may disclose the information to 3rd (third) parties for such purposes.

INFORMATION COLLECTION AND USE BY ND VIBE

  • ND Vibe collects user submitted information, such as name and e-mail address, to authenticate users and to send notifications to those users relating to the ND Vibe service. ND Vibe also collect other profile data including but not limited to: personal interests, gender, age, education, and occupation.
  • ND Vibe also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the ND Vibe’ Platform services.
  • This non-personally-identifiable information may be shared with 3rd (third) parties to provide more relevant services and advertisements to members.
  • User IP addresses are recorded for security and monitoring purposes. ND Vibe may also use a user’s e-mail address to send updates, newsletters or news regarding the Services.

USE OF COOKIES

  • ND Vibe uses cookies to store visitors’ preferences and to record session information for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and web page content based on browser type and user profile information.
  • ND Vibe does not link the information that is stored in cookies to any personally identifiable information you submit while on our site.
  • You may be able to configure your browser to accept or reject all or some cookies, or to notify you when a cookie is set. However, you must enable cookies from ND Vibe in order to use most functions on the site.
  • Please note that ND Vibe allows 3rd (third) party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers’ use of cookies is subject to their own privacy policies, not the ND Vibe Privacy Policy.

TERMINATION OF SERVICES AND TERMINATION OF AGREEMENT

  • ND Vibe may terminate your use of the ND Vibe’ Platform immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the ND Vibe’ Platform from time to time.
  • You are free to terminate your use of the ND Vibe’ Platform at any time. You can simply choose to stop visiting or using any aspect of the Products. If you wish to terminate your account on the ND Vibe’ Platform, you may do so by the account termination functionality that may be offered on the ND Vibe’ Platform.

CHANGES TO THIS AGREEMENT

  • ND Vibe reserves the right, at its’ sole discretion, to modify or replace these Terms of Use by posting the updated terms on the ND Vibe’ Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms of Use.
  • Please review this Agreement periodically for changes. If you do not agree to any of the terms of this Agreement or any changes to this Agreement, do not use, access or continue to access the ND Vibe’ Platform or discontinue any use of the ND Vibe’ Platform immediately.

GOVERNING LAW

  • The Agreement and Terms of Use shall be governed by and construed in accordance with the laws of India; and you agree, as ND Vibe does, to submit to the exclusive jurisdiction of the Courts at Surat, Gujarat, India.