Terms of Use, Conditions, Rules and Regulations and the Privacy Policy
The Website www.kbejudiciarycoaching.com, its domain www.kbejudiciarycoaching.com and other sub-domains (hereinafter referred to as the “Website” or “Site” or “Platform” or “Application”) are owned, managed and governed by “KBE JUDICIARY COACHING”.
“KBE JUDICIARY COACHING” [hereinafter referred to as “We” or “Us” or “KBE Judiciary coaching ” or “Kharbanda Bureau of Education” or “KBE” or “Website” or “Site”(the word “Site” also means and includes “coaching institute" hereinafter) or “Platform” or “Application”].
Wherever the terms “You”, “Your” or “User” are used, it shall include Students, Parents, Guardian, any person whether natural or legal/juristic, including but not limited to any company, incorporation, association, partnership, proprietorship or group of individuals who access, browse through, visit or avail the services of the Website or KBE Judiciary coaching. Collectively the User and the website or KBE Judiciary coaching may be referred to as the “Parties”.
ENTIRE AGREEMENT
The Privacy Policy as published on the Website is herein incorporated by reference and shall be deemed a part of this Terms of Use, Conditions, Rules and Regulations from hereon. That, together the Terms of Use, Condition, Rules and Regulations and the Privacy Policy shall represent the whole agreement as between the Website and KBE Judiciary coaching and the User and shall govern the relationship between the Parties. This agreement shall replace all prior agreements and communications existing between the Parties whether direct, indirect, written or oral.
By accessing, using, browsing through, enrolling, searching, availing the services or engaging in anything on the “Website” or “Site” or “Platform” or “Application”, You agree to the Terms of Use, Conditions, Rules and Regulations and the Privacy Policy disclosed herein, You also accept the information practices as per our Privacy Policy and you undertake to comply with all laws applicable and in force as interpreted and enforced within the National Capital Territory (NCT) of Delhi.
Failure to comply with any condition, term or provision contained herein or anything promulgated by these Terms of Use, Conditions, Rules and Regulations and the Privacy Policy or any such terms or conditions as imposed by the Website or KBE Judiciary coaching, by any User, shall result in termination of all licenses, services and access granted herein (if any). The date of first use in any way of this Website or its services by any User shall be treated as “Commencement Date” of these Terms of Use.
KBE Judiciary coaching and Website shall be at liberty to amend or modify these Terms of Use, Conditions, Rules & Regulations, and the Privacy Policy from time to time on its sole and exclusive discretion without any prior notice or intimation to any User or anyone else. Continued use of any of these “Website”, “Site” or “Platform” or “Application” in anyway by any User shall constitute the User’s consent to and acceptance of the modified or amended Terms of Use, Conditions, Rules and Regulations and the Privacy Policy.
WAIVER & SEVERABILITY
Failure to assert any of its rights or wilful ignorance of violation of any of its right by KBE Judiciary coaching shall in no circumstances be construed as waiver of such right. In a case where KBE Judiciary coaching waives off any of its rights, the waiver shall be restricted to that particular instance (case) and the particular right which is so waived of by KBE Judiciary coaching and shall not affect any other rights arising out of the Terms of Use, Conditions, Rules and Regulations and the Privacy Policy.
The provisions contained in these Terms of Use, Conditions, Rules and Regulations and the Privacy Policy shall be severable and in case if any part or provision of the Terms of Use, Conditions, Rules and Regulations and the Privacy Policy is adjudged to be invalid or unenforceable, the Parties agree that the remaining part and provisions shall continue to be in force and effect, regardless of the part or provision so adjudged to be invalid or unenforceable. Any such provision or part may be amended or reformed by KBE Judiciary coaching whenever possible or desirable by KBE Judiciary coaching on its sole and exclusive discretion.
OWNERSHIP
Any content available or displayed on “Website” or “Site” or “Platform” or “Application” or available for download whether for free or a fee or anything shown as a part of an offer for purchase on the “Website” or “Site” or “Platform” or “Application”, is protected by all applicable Intellectual Property Laws including Trademark and Copyright laws and is the exclusive property of KBE Judiciary coaching or its licensors. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively the “Marks”), whether registered or unregistered are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Nothing contained on the “Website” or “Site” or “Platform” or “Application” or within the content shall be construed as giving permission, license or right to use any of the Marks to anyone without prior written consent of KBE Judiciary coaching or any third-party owner of any such Marks. Any unauthorized or non-permitted use of any such Marks or any content of the “Website” or “Site” or “Platform” or “Application” in anyway, for any purpose is hereby expressly prohibited.
LICENSE
You are granted a non-exclusive, non-transferable, limited license to access and use the “Website” or “Site” or “Platform” or “Application”, its services and the content available on the “Website” or “Site” or “Platform” or “Application” for personal non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein and in the Privacy Policy.
Unless otherwise agreed or permitted by KBE Judiciary coaching in writing and in advance, you are hereby prohibited from copying, reproducing, modifying, create derivative works from or store, any Content, whether in whole or in part, contained on the “Website” or “Site” or “Platform” or “Application”. In absence of the said prior written permission from KBE Judiciary coaching, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any such Content for any purpose whatsoever.
Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes or solicitation in any other form, for any purpose, on the “Website” or “Site” or “Platform” or “Application” is hereby expressly prohibited. Users are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender or social or ethnic group or nationalities. The Users hereby undertake to not use the “Website” or “Site” or “Platform” or “Application” for any unlawful purpose whatsoever and to honour all reasonable requests by “KBE Judiciary coaching” or the “Website” or “Site” or “Platform” or “Application” to protect its proprietary rights and interests.
Fees is Non- Refundable
Fees once paid, is neither refundable nor adjustable under any circumstances, whatsoever. Late payment of fees due (if any) would make the student liable to pay a fine of Rs. 100/- (Rupees One hundred only) per day to be counted from the due date of such payment. You may also be stopped from attending the classes and face termination in case of such a default. The owners holds the discretion to allow such late payment under reasonably explained circumstances. Written permission would be required to be taken for that purpose.
TERMINATION
KBE Judiciary coaching and the “Website” or “Site” or “Platform” or “Application” shall be entitled to terminate or suspend any User’s access to the “Website” or “Site” or “Platform” or “Application” or its services, if it is found that any User is in violation of the letter or spirit of these Terms of Use or Conditions or Rules and Regulations or the Privacy Policy or that their conduct is unlawful or default of payment or disrespectful or demeaning or defeametry or causing hindrance ,etc by any act or omission express or implied, on their sole and exclusive discretion without any prior notice or intimation to such User and without any refund, compensation or monetary reimbursement of any kind for any reason whatsoever. Neither KBE Judiciary coaching nor the “Website” or “Site” or “Platform” or “Application” shall under any circumstances be liable to any User or any third-party for termination of User’s access to the “Website” or “Site” or “Platform” or “Application” or its services for any reason.
The only recourse available to Users who do not agree to these Terms of Use, Condition, Rules and Regulations and the Privacy Policy is discontinuing the use of the “Website”, “Site”, “Platform”, “Application”. Upon termination of this agreement between the Parties, the User shall be bound to destroy all copies of any material provided by KBE Judiciary coaching or the Website in his/her possession and shall refrain from further use of the same.
REGISTRATION
Registering on the “Website” or “Site” or “Platform” or “Application” provides a special restricted access to the “Website” or “Site” or “Platform” or “Application” and its content which is restricted to a single user only. For registering every User is required to provide his email address, name, address, contact number, etc. While registering, the Users are bound to provide complete, accurate and updated information and failure to do so shall constitute breach of this Agreement and shall expose them to the risk of termination of their access by KBE Judiciary coaching.
Having someone else register on the “Website” or “Site” or “Platform” or “Application” or using, browsing, accessing or availing the services of the “Website” or “Site” or “Platform” or “Application” through a third-party, binds the actual User to these Terms of Use, Conditions, Rules and Regulations and the Privacy Policy, as if they registered, used, browsed through or availed the “Website” or “Site” or “Platform” or “Application” or its Services themselves personally.
Users are alone responsible to maintain the confidentiality of their registered account and login credentials and are liable for any activities that occur via such account.
THE USER'S CONTENT
The Website and KBE Judiciary coaching shall be entitled to use the information provided by the Users in their print or electronic publication (“User Content”). However, the Users are hereby assured that their information shall only be used in accordance with the Privacy Policy and in a way so as not to infringe their privacy. Users shall be solely responsible for the accuracy, correctness and authenticity of the information provided by them. The “Website” or “Site” or “Platform” or “Application” shall be entitled to remove, edit, review or delete the User Content if it finds it to be illegal, incorrect, offensive or inappropriate in any way.
The Users are prohibited from entering or distributing any material on or through the “Website” or “Site” or “Platform” or “Application” that is promotional in nature or which results in solicitation without prior written permission or consent of the Website and KBE Judiciary coaching.
The Users shall be liable to indemnify KBE Judiciary coaching and the Website including their employees, affiliates and authorized representatives, for any loss, damages, liabilities, costs including but not limited to reasonable attorney fees incurred by them as a result of breach of this Agreement by the User or inaccuracy, falsity, incorrectness or illegality of material or information provided or entered into the “Website” or “Site” or “Platform” or “Application”.
ADVERTISERS
The “Website” or “Site” or “Platform” or “Application” may contain sponsored content and advertisements. Neither the “KBE Judiciary coaching" nor the “Website” or “Site” or “Platform” or “Application” shall be responsible or liable for the accuracy, legality, correctness, completeness or contemporariness of the advertisements or the sponsored content and the sponsors of such advertisements or sponsored content shall be solely responsible for the same. KBE Judiciary coaching and the “Website” or “Site” or “Platform” or “Application” shall also be immune from any liability arising out of any act or omission on part of the sponsors of such advertisements or sponsored content. The said sponsors shall be liable to indemnify KBE Judiciary coaching or the Website including their employees, affiliates and any authorized representatives for any loss, damage, costs or any expense incurred by them including but not limited to reasonable attorney fees because of any fault or defect in the content or advertisement sponsored by them or any act or omission on their part.
LINKS TO OTHER WEB SITES
The “Website” or “Site” or “Platform” or “Application” contains hypertexts, links and addresses to other websites and webpages for the reference and convenience of its Users. These hypertexts, links and addresses may take the Users to different webpages and websites owned and operated by persons, groups or incorporations other than KBE Judiciary coaching and are the sole responsibility of their respective owners and managers.
Neither KBE Judiciary coaching nor the “Website” or “Site” or “Platform” or “Application” have any control or ownership on what is displayed on such websites and webpages for any purpose and hence neither of them is responsible for the content available on such websites and webpages. When You choose to click on and visit any such webpage or website, You agree that neither the KBE Judiciary coaching nor the “Website” or “Site” or “Platform” or “Application” is responsible or liable for the accuracy, correctness or legality of content, services, products or other material on such websites and webpages.
Any reference or display of any names, products, services or marks belonging to or offered by a third-party or presence of their hypertexts or links on the Website, does not constitute any recommendation, endorsement or sponsorship of such third-party or its products or services. The Users are solely responsible for their use or access of any third-party content or products or services and for all related risks of viruses, worms, trojan horses and other harmful material on such websites or webpages.
LIMITATION OF LIABILITY
Under no circumstance or event shall KBE Judiciary coaching, the Website or any of its affiliates, employees, agents, suppliers, licensors or any authorized personnel or representatives be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages including without limitation to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss related to or arising out of the use of, breach of or inability to use the “Website” or “Site” or “Platform” or “Application” or services provided by the “Website” or “Site” or “Platform” or “Application” , moreover, the said entities and individuals shall also be immune from any liability to compensate any User in anyway for any loss, damage or injury caused because of hacking, tempering or unauthorized use or access of User’s account or any information contained therein.
In no case shall KBE Judiciary coaching or the “Website” or “Site” or “Platform” or “Application” be liable for any:
- Mistake, inaccuracy or error in the content available on the “Website” or “Site” or “Platform” or “Application”;
- Injury or damage whether direct or indirect, personal or not, caused to any User because of access or use of the “Website” or “Site” or “Platform” or “Application” or its services;
- Interruption or cessation of transmission of any content or information contained on the “Website”or “Site” or “Platform” or “Application” whether to or from the “Website”or “Site” or “Platform” or “Application”;
- Unauthorised or unsanctioned use or access of the “Website” or “Site” or “Platform” or “Application” secure servers or any personal information or content contained therein;
- Any viruses, bugs or destructive programs or links that may be transmitted through the Website by any third-party;
- Offensive, defamatory or illegal conduct of any third-party on the Website;
- Relationship or transaction between any User and a third-party provider (affiliates) including breach of terms of such transaction or relationship.
Presence of Professionals or any third-party on the “Website”, “Site” or “Platform” or “Application” or any database maintained by the “Website” or “Site” or “Platform” or “Application” shall not in any case be construed as recommendation, solicitation or endorsement of any such Professional or third-party. Any information about such Professional or third-party shall not be treated as device to confirm their credibility, qualification or abilities.
KBE Judiciary coaching and the Website shall not be responsible for mediating or resolving any dispute between any User and any Professional or third-party (affiliate) including but not limited to any Lawyer, CA or CS.
GOVERNING LAW & JURISDICTION
This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within the National Capital Territory (NCT) of Delhi, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to jurisdiction of appropriate courts within the National Capital Territory (NCT) of Delhi.
Users using, accessing, browsing through or entering into this Agreement in any way from jurisdiction other than India are solely responsible for compliance with the laws in force in the National Capital Territory (NCT) of Delhi and any local laws applicable. The Users waive all defences of lack of jurisdiction or inconvenience of forum.
DISPUTE RESOLUTION CLAUSE
It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use, Condition, Privacy Policy.
Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.
Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by KBE Judiciary coaching on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be the National Capital Territory (NCT) of Delhi.
The parties agree that Privacy Policy and any other agreement would be governed by laws, rule and regulations of India. The courts in the National Capital Territory (NCT) of Delhi shall have exclusive jurisdiction over any dispute arising between the parties. The Users waive all defences of lack of jurisdiction or inconvenience of forum.
NO WARRANTY RESOLUTION CLAUSE
All content, information and services provided through the “Website”, “Site” or “Platform” or “Application” are provided on an ‘as-is/as-available’ basis and You use the same at your own volition and risk. Neither the “Kbe Judiciary coaching” nor the “Website” or “Site” or “Platform” or “Application” provides any warranty whether express or implied regarding satisfactory quality, suitability for any particular purpose or any other implied warranty of merchantability as to the result or outcome You may derive out of Your use of the Website or any such result or outcome You may attain out of a relationship you elect to create with any Professional or third-party through the Website. We do not and neither do any of our employees, agents, licensors or any authorised personnel make any representations or provide any warranty as to the ability of any Professional or third-party to obtain a favourable result for any User.
The Users are hereby informed that the “KBE Judiciary coaching” shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the “Website” or “Site” or “Platform” or “Application”will be error-free, uninterrupted or always available. The Users are also informed that they use the “Website” or “Site” or “Platform” or “Application” or avail its services and download the content available thereof on their exclusive and sole discretion and risk.
ANTI-HACKING PROVISION
In addition to the Terms and Conditions put forth in these Terms of Use, Conditions, Rules and Regulations and the Privacy Policy, the Users agree and undertake not to:
- Use or attempt to use any computer program such as “scraper”, “deep-links”, “bot”, “robot”, “data mining code”, “computer codes” or any other form of automated system or device, tool, algorithm, methodology, process, program or manual process having similar function, to acquire, extract, monitor, copy or access any portion of the “Website”or “Site” or “Platform” or “Application” or any data or content present on the “Website” or “Site” or “Platform” or “Application”;
- To acquire or obtain or attempt to acquire or obtain any data, material or information that has not been deliberately made public by the Website by its display on the Website or making it accessible through a link visible on the Website;
- Bypass or circumvent any system or measure employed to limit or prevent access to the Website or its content;
- Gain unauthorized access to the “Website” or “Site” or “Platform” or “Application” or any portion of it or to any data, material, information, computer system, network or server associated with the Website through any illegal and or unsanctioned or unauthorized means or violate the Website’s security in any way;
- Interfere or attempt to interfere with the working of the “Website” or “Site” or “Platform” or “Application” or any portion or functionality of it or with any activity that is carried on through the Website in any way;
- Carry out any activity or action that imposes or may impose according to the sole discretion of the Kbe Judiciary coaching any unreasonable or large load or burden on the Website or the Kbe Judiciary coaching infrastructure.
Rules and Regulations
- A student is required to be seated in the class at least fifteen minutes before the commencement of the lecture.
- The Students are requested to maintain discipline & decorum in class. The students are advised to cooperate with each other and with the staff of the Institute.
- The faculty/owners holds the discretion to stop a student from attending the lecture if he/she is frequently late to the lectures.
- In case of irregularity of student. The institute will not be responsible for non-completion of the course if a student has not been regular to the classes on whatever account. Irregularity in attending the classes is strictly prohibited.
- Use of mobile phones and in the classroom is strictly prohibited.
- Eatables consumption allowed only in break time.
- The course duration is approximately 18 months and date of commencement should be counted from the date of admission. The course duration is subject to some extension under special circumstances (e.g. force majeure, illness of teacher, extra classes for some subjects, etc., though our endeavour is always to complete the course within stipulated time. The Institute will not be responsible for non completion of course in time in the situation of Force Majeure (Epidemic, Pandemic, Flood, earthquake, illness of teacher, etc.,).
- Any audio or video recording of lectures is strictly prohibited and the violation of this condition shall make the student liable to termination of his/her admission and legal proceedings can be initiated against such a student.
- The owners also holds the discretion to change the venue of lectures if any such need arises during the continuance of the course.
- The students from outside Delhi will have to search for their private accommodations for stay in Delhi on their own. KBE Judiciary Coaching will not be responsible/ liable/involved in any manner in case of any problem/dispute between students and PG/Hostel owners or property dealers etc.