These Terms & Conditions ("Terms") of Use of our website www.shivalik.institute.com (https://www.shivalik.institute/) ("Website"), our products or services in connection with the website/products ("Services") or Any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between SHIVALIK INSTITUTE OF REAL ESTATE ("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.

Please read the Terms and the privacy policy of the SHIVALIK INSTITUTE OF REAL ESTATE ("Privacy Policy") with respect to registration with us, the use of the website, services and products carefully before using the website, services or products. In the event of any discrepancy between the Terms and any other policies with respect to the website or services or products, the provisions of the Terms shall prevail.

Your use/access/browsing of the website or the services or products or registration (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same.

• If you do not agree with the Terms or the Privacy Policy, please do not use the website or avail the services or products. Any access to our services/products through registrations/subscription is non- transferable. Except as mentioned below, 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 website, services and products are proprietary property of the SHIVALIK INSTITUTE OF REAL ESTATE ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the SHIVALIK INSTITUTE OF REAL ESTATE and nothing on this website or services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the SHIVALIK INSTITUTE OF REAL ESTATE, to the User. You may own the medium on which the information, content or materials resides, but the SHIVALIK INSTITUTE OF REAL ESTATE shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the SHIVALIK INSTITUTE OF REAL ESTATE 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.
• Your use of our products, website, and services is solely for your personal and non-commercial use. Any use of the website, services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this website, products and / or our services shall be subjected to the following restrictions:
• You may not decompile, reverse engineer, or disassemble the contents of our website and/or services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our website and/or services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of our website and/or services/products.
• You will not (a) use our website and/or any of our product/s or service/s for commercial purposes of any kind, or (b) advertise or sell our any products, 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 (c) use the website/our products and services in any way that is unlawful, or harms SHIVALIK INSTITUTE OF REAL ESTATE or any other person or entity as determined by SHIVALIK INSTITUTE OF REAL ESTATE.

No User shall be permitted to perform any of the following prohibited activities while availing our services:

• Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
• Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• Interfering with any other person's use or enjoyment of the website/services/products;
• 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 or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
• 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 website/services/products in any manner that could damage, disable, overburden or impair any of the website's servers or the networks connected to any of the servers on which the website is hosted;
• Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the website/services/products, violate any requirements, procedures, policies or regulations of networks connected to the website/services/products, or engage in any activity prohibited by these Terms;
• Disrupt or interfere with the security of, or otherwise cause harm to, the website/services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the website/services/products or any affiliated or linked sites;
• Interfere with, or inhibit any user from using and enjoying access to the website/ services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the website/services/products;
• Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the website/services/products, to access, acquire, copy or monitor any portion of the website/services/products, or in any way reproduce or circumvent the navigational structure or presentation of our website/services/products, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the website/services/products;
• 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, 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 website/services/products.
• By submitting content on or through the services (your "Material"), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such material in any and all media or distribution methods (now known or later developed) and to associate your material with you, except as described below. You agree that others may use your material in the same way as any other content available through the services. Other users of the services may fork, tweak and repurpose your material in accordance with these Terms. If you delete your user account your material and name may remain available through the services.
• In the preparation of the website/services/products 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, SHIVALIK INSTITUTE OF REAL ESTATE disclaims any responsibility for any errors and accuracy of the information that may be contained in the website/products/services. Any feedback from user is most welcome to make the website/products/services and contents thereof error free and user friendly. SHIVALIK INSTITUTE OF REAL ESTATE also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the SHIVALIK INSTITUTE OF REAL ESTATE 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/products 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.
• 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 would not be 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 provide further information. They do not signify that we endorse the website(s). 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 the SHIVALIK INSTITUTE OF REAL ESTATE'S prior written consent.
• The contents of the services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the services/products 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. The basic definitions and formulae of the subject matter would remain the same. The SHIVALIK INSTITUTE OF REAL ESTATE acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription or usage of our services/website/products 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.
• Certain contents in the services/website/products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The SHIVALIK INSTITUTE OF REAL ESTATE shall not be responsible for such opinions or any claims resulting from them. Further, the SHIVALIK INSTITUTE OF REAL ESTATE makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
• Some parts of the services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control prior to being posted. The SHIVALIK INSTITUTE OF REAL ESTATE accepts no responsibility or liability for any material communicated by third parties in this way. The SHIVALIK INSTITUTE OF REAL ESTATE 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 directly on the website, irrespective of whether we have certified any answer uploaded by the user. We would not be responsible to verify whether such questions/answers or contents or reviews placed by any user contain infringing materials or not.
• The SHIVALIK INSTITUTE OF REAL ESTATE (including but not limited to its subsidiaries/affiliates) may, based on any form of access to the website/services/products/registrations (including free download/trials) through any source whatsoever, contact the user through SMS, email and call, to give information about their offerings/services and products as well as 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 the SHIVALIK INSTITUTE OF REAL ESTATE (including but not limited to its subsidiaries/affiliates) 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 employees, associates, subsidiaries, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email etc.
• Upon registration through any means whatsoever, the SHIVALIK INSTITUTE OF REAL ESTATE may contact you through the registered mobile number or e-mail or any other mobile number or contact number or email provided by you to enable effective provision of Services. The user expressly permits the SHIVALIK INSTITUTE OF REAL ESTATE to contact him/her and the student utilising the services, through the above mentioned means at any time post registration. Further, the SHIVALIK INSTITUTE OF REAL ESTATE shall have the right to monitor the download and usage of the website/services/products and the contents thereof by the user/student, to analyze such usage and discuss the same with the user/student to enable effective and efficient usage of the all services. The user expressly permits the SHIVALIK INSTITUTE OF REAL ESTATE to clear the doubts of the student using the website/services by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the user or through any other forum.
• While the SHIVALIK INSTITUTE OF REAL ESTATE has made efforts to train the personnel engaged in the sales and services relating to its products 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 SHIVALIK INSTITUTE OF REAL ESTATE reserves the right and discretion to take any action in this regard.
• Access to certain elements of the services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The SHIVALIK INSTITUTE OF REAL ESTATE reserves the right to determine the criteria for provision of various elements of all services to the different categories of users based on its policies. Hence, subscription to the website/products or registrations do not automatically entitle the user to any and all elements of services provided by the SHIVALIK INSTITUTE OF REAL ESTATE and the SHIVALIK INSTITUTE OF REAL ESTATE shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of all services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our services at our discretion.
• The SHIVALIK INSTITUTE OF REAL ESTATE's products and / or services, including the website and content, are compatible only with certain devices/tablets/instruments/hardware. The SHIVALIK INSTITUTE OF REAL ESTATE shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the SHIVALIK INSTITUTE OF REAL ESTATE or those instruments that may be purchased from any third party which are not compatible with the SHIVALIK INSTITUTE OF REAL ESTATE's products and services The SHIVALIK INSTITUTE OF REAL ESTATE reserves the right to upgrade the table/ type of compatible devices as required from time to time.
• The SHIVALIK INSTITUTE OF REAL ESTATE 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 affects on the processing speed, resulting from your use of our products and Services.
• In order to encourage Customer Retention and Loyalty, SHIVALIK INSTITUTE OF REAL ESTATE encourages its Customers and other stakeholders to refer customers to buy products and services of SHIVALIK INSTITUTE OF REAL ESTATE. SHIVALIK INSTITUTE OF REAL ESTATE at its option can pay referral bonus subject to applicable laws. Since this is an optional selective policy of the SHIVALIK INSTITUTE OF REAL ESTATE, the decision of the SHIVALIK INSTITUTE OF REAL ESTATE is final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no Customer, Fintech Partner or other stake holder shall do business with the SHIVALIK INSTITUTE OF REAL ESTATE in anticipation of such Bonus. SHIVALIK INSTITUTE OF REAL ESTATE shall not be held responsible if some Customer has done business with the objective of getting referral bonus as Bonus paid by the SHIVALIK INSTITUTE OF REAL ESTATE is purely dependent on its own discretion based on internal parameters and various demographic and economic factors.
• You acknowledge that the SHIVALIK INSTITUTE OF REAL ESTATE is not the manufacturer/ provider of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the service provider whose details shall be specified and the SHIVALIK INSTITUTE OF REAL ESTATE shall not be in any manner responsible for the same. The SHIVALIK INSTITUTE OF REAL ESTATE does not provide any guarantee or warranty relating to the instrument/medium/hardware.
• In order to access the services and to avail the use of the website/services/products, you shall be required to register yourself with the website/services/products, and maintain an account with the website/services/products. You will be required to furnish certain information and details, including your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the website. 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 latest.
• You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify the SHIVALIK INSTITUTE OF REAL ESTATE of any unauthorized use 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 the SHIVALIK INSTITUTE OF REAL ESTATE, 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.
• You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and the SHIVALIK INSTITUTE OF REAL ESTATE cannot guarantee accessibility to the website/products/services at all times. In addition to the disclaimers set forth in the Terms, the SHIVALIK INSTITUTE OF REAL ESTATE shall not be liable to you for any damages arising from your inability to log into your account and access the website/products/services at any time.
• Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the website/products/services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products or services. As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the website/products/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. The SHIVALIK INSTITUTE OF REAL ESTATE will not be responsible for any consequence that arises as a result of misuse of any kind of our website or any of our products or services that may occur by virtue of any person including a minor registering for the services/products provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that student using the website has obtained the consent of parent/legal guardian (in case of minors). The SHIVALIK INSTITUTE OF REAL ESTATE reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that the SHIVALIK INSTITUTE OF REAL ESTATE does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the website/services/products.
• You agree to defend, indemnify and hold harmless the SHIVALIK INSTITUTE OF REAL ESTATE, 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/products/services;

  (ii) Your violation of any term of these Terms or any other policy of the SHIVALIK INSTITUTE OF REAL ESTATE;

  (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 website/products/services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.

• In no event shall the SHIVALIK INSTITUTE OF REAL ESTATE, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the website.
• In the event of your breach of these Terms, you agree that the SHIVALIK INSTITUTE OF REAL ESTATE will be irreparably harmed and may not have an adequate remedy in money or damages. The SHIVALIK INSTITUTE OF REAL ESTATE therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The SHIVALIK INSTITUTE OF REAL ESTATE right to obtain such relief shall not limit its right to obtain other remedies.
• Any violation by you of the terms of this clause may result in immediate suspension or termination of your accounts apart from any legal remedy that SHIVALIK INSTITUTE OF REAL ESTATE can avail. In such instances, SHIVALIK INSTITUTE OF REAL ESTATE may also disclose your Account Information 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.
• The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad and you hereby accede to and accept the jurisdiction of such courts.
• The SHIVALIK INSTITUTE OF REAL ESTATE has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the website or the services or the products as it deems fit at any time without notice. Further, the SHIVALIK INSTITUTE OF REAL ESTATE has the right to amend these Terms from time to time without prior notice to you. The SHIVALIK INSTITUTE OF REAL ESTATE makes no commitment, express or implied, to maintain or continue any aspect of the website/services/products. You agree that the SHIVALIK INSTITUTE OF REAL ESTATE 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.

Disclaimer

THIS WEBSITE AND ALL THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE SHIVALIK INSTITUTE OF REAL ESTATE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, and TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE SHIVALIK INSTITUTE OF REAL ESTATE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR INCONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE WEBSITE OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE /SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

General Provisions

Feedback

i. Feedback : Any feedback you provide with respect to the website/services/products shall be deemed to be non-confidential. The website/services/products 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) the SHIVALIK INSTITUTE OF REAL ESTATE is not under any obligation of confidentiality, express or implied, with respect to the feedback;
• (iii) the website/services/products may have something similar to the feedback already under consideration or in development; and
• (iv) You are not entitled to any compensation or reimbursement of any kind from SHIVALIK INSTITUTE OF REAL ESTATE for the feedback under any circumstances, unless specified.

• Under no circumstances shall SHIVALIK INSTITUTE OF REAL ESTAE be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the website/services/products.
• We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at contact@shivalik.institute.

Our SHIVALIK INSTITUTE OF REAL ESTATE Terms and Conditions

Please click on the link to view SHIVALIK INSTITUTE OF REAL ESTATE Terms & Conditions - https://www.shivalik.institute/privacy_policy

SHIVALIK INSTITUTE OF REAL ESTATE Refund Policy

• The students are advised to go through all details before joining the course as the fees once paid are non-refundable.
• As per the decision taken on June 10th, 2010 by the National Consumer Redressal Commission, the fees can be refunded after adjusting the processing fee and other expenses if any in case of replacement by new student/seat by cancelled student before starting the course. The decision of Management will be considered final in such a case.