Terms and Conditions

Terms of Use

These terms and conditions of use (“Terms of Use”) of the Website/App and App (as defined below) between Manisha Nursing Institute and the users/registrants of the Website/App (“You” or “Your” or “Yourself” or “User”) describe the terms on which the Company offers You access to the Website/App and the Services (as defined below) through the Website/App.

Note: All defined words in the Terms and Conditions for Client and Terms and Conditions for Providers and/or Additional Terms would continue to have the same meaning in this Terms of Use.

Please read the terms of use carefully before using or registering on the Website/App or accessing any material, information, or services through the Website/App. Your use of the Website/App or the services provided by the Website/App shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.

1. General

The access to the Website/App and the Services are offered to You conditioned on acceptance of all the terms, conditions, and notices contained in these Terms of Use, along with the Privacy Policy, Copyright Policy, Disclaimer, and applicable terms and conditions such as Terms and Conditions as displayed on the Website/App (“Additional Terms“) and any amendments made to it by the Company at its sole discretion and posted on the Website/App.

Accessing the Website/App through any medium, including but not limited to accessing the Website/App through mobile phones, smartphones, and tablets, is also subjected to these Terms of Use and Additional Terms. At the time of Registration, you will be required to comply with the Terms and Conditions. The Company shall not be required to notify You, whether as a user or not, of any changes made to the Terms of Use and/or Additional Terms. The revised Terms of Use and/or Additional Terms shall be made available on the Website/App. Your use of the Website/App and the Services is subject to the most current version of the Terms of Use and/or Additional Terms made available on the Website/App at the time of such use. You are requested to regularly visit the home page of the Website/App to view the most current Terms of Use and/or Additional Terms. You can determine when the Company last modified the Terms of Use and/or Additional Terms by referring to the “Last Updated” section of the document. It shall be Your responsibility to check these Terms of Use and/or Additional Terms periodically for changes. Your continued use of the Website/App, following changes to the Terms of Use and/or Additional Terms, will constitute Your acceptance of those changes.

By:

1. Using this Website/App or any facility or Service provided by this Website/App in any way; or

    

2. Merely browsing the Website/App,

    

You agree that you have read, understood, and agreed to be bound by these Terms of Use and/or Additional Terms as applicable and available on the Website/App. If you do not agree to the foregoing, you are prohibited from accessing or using the Website/App. If You do not agree to any of the provisions set forth in the Terms of Use and/or Additional Terms, kindly discontinue viewing or participating in this Website/App immediately.

2. Eligibility of Use

On using the Website/App, You represent that You are of legal age to form a binding contract and are not a person barred under the laws as applicable in India and/or by the Company. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and those of unsound mind are not eligible to use the Website/App. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may browse the Website/App or avail of the services through Your legal guardian in accordance with the applicable laws.

You need not register with Manisha Nursing Institute to simply visit and view the Website/App, but to access and avail of the services provided by Manisha Nursing Institute, You will need to register and create a password-protected account (“Account“).

The Company reserves the right to refuse access to use the Website/App to users or to terminate access granted to existing users at any time without according any reasons for doing so.

3. Use of Website/App and User Obligations

Subject to compliance with the Terms of Use and/or Additional Terms, the Company grants You a non-exclusive, limited license to access and use this Website/App. This license does not include amongst others any downloading or copying of any Information for the benefit of another user or any third party. You may not bypass any measures used by the Company to prevent or restrict access to the Website/App. Any unauthorized use by You shall terminate the permission or license granted to You by the Website/App.

You agree to use the Website/App and the Services offered on the Website/App only for purposes that are permitted by (a) the Terms of Use and/or Additional Terms; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

You acknowledge and agree that by accessing or using the Website/App, You may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. The Company cannot control the information provided by users which are made available on the Website/App. The Company disclaims all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content to the Grievance Officer.

If the Website/App allows You to post, upload, or project any material on the Website/App, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:

• Defame, abuse, harass, threaten, or otherwise violate the legal rights of others.

• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or unlawful topic, name, material, or information through any bookmark, tag, or keyword.

   

• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents or involve the sale of counterfeit or stolen items.

   

• Upload or distribute files that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website/App or any computer resource.

   

• Engage in any activity that interferes with or disrupts access to the Website/App or the Services.

   

• Attempt to gain unauthorized access to any portion or feature of the Website/App, any other systems or networks connected to the Website/App, to any Manisha Nursing Institute server, or to any of the Services offered on or through the Website/App, by hacking, password mining, or any other illegitimate means.

   

• Probe, scan, or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures.

• Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website/Apps or any affiliated or linked sites.

   

• Collect or store data about other Users in connection with prohibited conduct and activities.

   

• Host, display, upload, modify, publish, transmit, update, or share any information or item that belongs to another person and to which You do not have any right.

   

• Host, display, upload, modify, publish, transmit, update, or share any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially/ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful.

   

• Host, display, upload, modify, publish, transmit, update, or share any information that harms minors in any way.

• Host, display, upload, modify, publish, transmit, update, or share any information that threatens the unity, integrity, defense, security, or sovereignty of India.

• Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use.

• Conduct or forward pyramid schemes, junk emails, chain letters, or unsolicited mass mailing or spamming.

• Violate any code of conduct, applicable laws, or regulations for the time being in force within or outside India.

• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/App.

You agree that You are solely responsible to the Company for any breach of Your obligations under the Terms of Use and/or Additional Terms and for the consequences of any such breach.

The Company shall have the right to use Your Information as provided by You, and such usage by the Company does not amount to a violation of any rights You might have in Your Information.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules, and regulations.

4. Intellectual Property Rights

Manisha Nursing Institute trademarks, logos, images, service marks, trade names (collectively the “Trademarks”), and other distinctive branding features displayed on the Website/App are registered and unregistered Trademarks of the Company. Your misuse of the Trademarks displayed on the Website/App or on or through any of the Website/App’s Services is strictly prohibited.

Unless otherwise indicated, the Company owns, solely and exclusively, all intellectual property rights in and to the trademark “Manisha Nursing Institute” and the Website/App. Your use of the Website/App does not grant you ownership of any content, code, data, or materials You may access on or through the Website/App. Any commercial or promotional distribution, publishing, or exploitation of the Website/App is strictly prohibited unless You have received express prior written permission from authorized personnel of the Company.

5. Third-Party Content

The Website/App makes available general third-party information such as advertisements, videos, images, and other data from external sources (“Third-Party Content”). The provision of Third-Party Content is for general informational purposes only. The Company does not provide any guarantee with respect to any of the Third-Party Content, and the Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

6. Warranty and Liability

The Website/App, Services, and other materials are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise. The Company makes no warranty that the Website/App or the Services will meet Your requirements or that Your use will be uninterrupted, timely, secure, or error-free.

The Company has endeavored to ensure that all the information on the Website/App is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service.

7. Indemnity

You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, third parties, and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, claims, damages, costs, and expenses asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by You pursuant to these Terms of Use.

8. Limitation of Liability

In no event shall the Company, its respective officers, managers, directors, employees, members, successors, assigns, subsidiaries, or affiliates be liable to You for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages whatsoever, resulting from:

• Any access to or use of the Website/App.

• Errors, mistakes, or inaccuracies of data, marks, content, information, materials, or substance of the Website/App.

• Any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein.

• Any viruses which may be transmitted through the Website/App by any third party.

• Any interruption or cessation of transmission to or from the Website/App.

• Any errors or omissions in any data, content, information, materials, or substance of the Website/App.

• Any disputes that may arise between the Users on the Website/App.

• Any defamatory, offensive, or illegal conduct of any User.

• Notwithstanding anything to the contrary, the Company’s entire liability to You under this Terms of Use or otherwise shall be to the extent as described in the Terms and Conditions.

9. Violation of the Terms of Use

The Company may at any time at its sole discretion refuse access, restrict, suspend, or terminate any user and block such user from visiting the Website/App. A user that has been suspended or blocked may not register or attempt to register with Manisha Nursing Institute or use the Website/App in any manner whatsoever until such time that such user is reinstated by the Company.

10. Linking To Third-Party Websites

You may be able to link from the Website/App to third-party Websites, and third-party Websites may link to the Website/App (“Linked Sites”). You acknowledge and agree that the Company has no responsibility for the information, content, products, services, advertising, code, or other materials provided by or through Linked Sites.

• You are not permitted to link directly to any image hosted on the Website/App using an “in-line” linking method.

• You agree not to download or use images hosted on this Website/App or Linked Sites for any purpose without permission.

11. Privacy Policy

The User hereby consents, expresses, and agrees that they have read and fully understand the Privacy Policy of Manisha Nursing Institute in respect of the Website/App. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

12. Dispute Resolution

The governing law of the Terms of Use and other Additional Documents shall be Indian law.

13. Notice

All notices of the Company will be served by email or by general notification on the Website/App. Any notice provided to the Company pursuant to the Terms of Use should be sent to Manisha Nursing Institute or the Corporate Office address of the Company.

14. Assignment

You cannot assign or otherwise transfer the Terms of Use and/or Additional Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third parties without the requirement of seeking Your consent.

15. Severability

If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use and/or Additional Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of the Terms of Use shall continue in full force and effect.

16. Waiver

Any failure by the Company to enforce or exercise any provision of the Terms of Use and/or Additional Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

17. Communication

When you visit the Website/App, send e-mails to the Company, or give your feedback, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. You agree that all agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.

18. Force Majeure

The Company shall have no liability to you for any interruption or delay in access to the Website/App irrespective of the cause.

19. Grievance Redressal

In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are published herewith:

• Mr.          – Atanu Mandal

• Address – Rajbandh, Durgapur, Paschim Bardhaman, West Bengal – 713212

• Email ID – mni@rahul.ac.in

• Phone – +91 6296200090

In case You have any concern/grievance with respect to the contents on the Website/App and/or if there has been a violation of this Terms of Use and/or the Privacy Policy, You may contact the Grievance Officer via a written complaint to be sent via email.

This Terms of Use is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.