NICMAR TERMS & CONDITIONS

4. User Accounts and Registration 4.1. Access to certain Services, such as specific online lectures or interactive features, may require You to register for an account. 4.2. If registration is required, You agree to: (a) Provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"). (b) Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. 4.3. You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account. You agree to immediately notify NICMAR of any unauthorized use of your password or account or any other breach of security. 4.4. NICMAR reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate these Terms. 5. User Conduct and Obligations 5.1. You agree to use the Website and Services only for lawful and educational purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website and Services. 5.2. Prohibited behaviour includes, but is not limited to: (a) Using the Services for any illegal or unauthorized purpose. (b) Posting or transmitting any material that is defamatory, offensive, obscene, abusive, invasive of privacy, or otherwise objectionable. (c) Interfering with or disrupting the Services, servers, or networks connected to the Services. (d) Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Services. (e) Reproducing, duplicating, copying, selling, reselling, distributing, or otherwise exploiting any portion of the Services, Content, or access to the Services for any commercial purpose or for any other purposes other than the permitted purpose, without express written permission from NICMAR. (f) Using any data mining, robots, scraping, or similar data gathering or extraction methods. (g) Violating any applicable local, state, national, or international law, including the Information Technology Act, 2000 and its rules. (h) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity. 6. Intellectual Property Rights 6.1. All Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the online lectures themselves (including video, audio, and presentation materials), is the property of NICMAR or its content suppliers/licensors and is protected by Indian and international copyright, trademark, and other intellectual property laws. 6.2. The compilation of all Content on this Website is the exclusive property of NICMAR and shall be governed by Indian and international copyright laws as may be applicable. 6.3. The NICMAR name, logo, and related marks are trademarks or registered trademarks of NICMAR. They may not be use in connection with any product or service that is not NICMAR's, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits NICMAR. 6.4. Limited License: NICMAR grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Services and Content solely for educational purposes. This license does not include any right to: (a) Resell or commercially use the Services or Content. (b) Download (other than page caching or materials explicitly designated for download), copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NICMAR or the respective licensors. (c) Modify, adapt, translate, or create derivative works based upon the Services or Content. (d) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NICMAR without express written consent. 6.5. Any unauthorized use terminates the permission or license granted by NICMAR. 7. Fees and Payments 7.1. Access to certain online lectures or premium Services may be subject to fees. Any applicable fees will be clearly communicated to you before you register for or access such paid Services. 7.2. You agree to pay all applicable fees as described on the Website in connection with the Services selected by you. All fees are payable in Indian Rupees unless otherwise specified. 7.3. NICMAR reserves the right to change its prices at any time. Price changes will be posted on the Website and will apply to subsequent purchases or subscription renewals. 7.4. Payments may be processed through third-party payment gateways. Your use of such services will be subject to the terms and conditions of the respective payment gateway provider. NICMAR is not responsible for any issues arising from the use of third-party payment gateways. 7.5. All fees paid are non-refundable, except as expressly stated in a separate Refund /Cancellation Policy of NICMAR. 7.6. You are responsible for paying all applicable taxes (like GST) associated with your purchase of Services. 8. Payment of Course Fee By Obtaining Financial Assistance 8.1. NICMAR may also enter into arrangements with online or offline platforms ("Third-Party Financier") who, through their arrangements with banks and other financial institutions ("Lenders") provide financial assistance in the form of loans to persons who wish to pursue the Courses. In such cases, NICMAR is only facilitating the engagement between the concerned User and the Third-Party Financier in order to facilitate and enable the User to purchase the Courses with the expectation that NICMAR shall not, under any circumstances, assume any financial, operational, or other risks of the User and the Third-Party Financier. Accordingly, in no event shall NICMAR assume any financial, operational, or other risks of the User and the Third-Party Financier. If the User elects to purchase or subscribe to a Course by availing a loan from the Lender which is facilitated by the Third-Party Financier, he shall be governed by the terms and conditions and other agreements entered into with the Lender and the Third-Party Financier. 8.2. NICMAR is not involved in transactions between the Third-Party Financiers and the User and if a dispute arises between them, the User shall ensure that the Third-Party Financiers shall, forever release the NICMAR, their trustees, affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 8.3. NICMAR: (i) shall not, in any manner whatsoever, be responsible for any non- performance or breach by the Third-Party Financier and/or the Lenders to provide its/their services to the User; (ii) bears no liability to the Third-Party Financier and/or the Lenders for any failure of the User to fulfil their obligations towards the Third-Party Financier and/or the Lenders; and (iii) shall not and is not required to mediate or resolve any dispute or disagreement between the Third-Party Financiers and/or the Lenders and the User. 8.4. NICMAR shall not be liable for any act, omission, or default, whether negligent or otherwise, of the User towards the Third-Party Financier and/or the Lenders. 8.5. Every decision taken by a User to pursue to a Course by availing the financial assistance provided by the Third-Party Financier and the Lender represents an assumption of risk and NICMAR does not and shall not underwrite or assume the risks of such User in any manner. The User is solely responsible for evaluating and determining the suitability of the Course and availing a loan to pursue such Course and the risks associated therewith. 9. Cancellation of Course & Refund Policy 9.1. NICMAR reserves the right to cancel or reschedule any Course at its sole discretion, including but not limited to reasons such as insufficient enrolment, unavailability of instructors, force majeure events, or other unforeseen circumstances. In the event of such cancellation, the refund policy, if any, applicable to the specific Course or Cohort shall apply. The User agrees and acknowledges that any refund shall be subject to the terms and conditions of the applicable Course or Cohort. 9.2. If a User wishes to cancel their enrolment in a Course, such cancellation request must be submitted in writing to NICMAR. The eligibility for refund on cancellation shall be governed by the refund policy of the specific Course or Cohort to which the User had applied. NICMAR shall not be obligated to process or issue refunds beyond the scope provided in such policy. 9.3. NICMAR shall not be liable for any indirect costs or losses incurred by the User due to Course cancellation, including but not limited to travel expenses, accommodation, or opportunity costs. 9.4. Any decision regarding refunds or course transfers pursuant to a cancellation (whether initiated by NICMAR or by the User) shall be final and binding and at the sole discretion of NICMAR, subject to the applicable policy of the respective Course or Cohort. 9.5 Students who have availed education loans from NICMAR's approved lenders to pay the Course Fee agree that any refund due whether from course cancellation or withdrawal, shall be processed as per NICMAR's refund policy and the terms of the specific Course or Cohort. Such refunds will be used to foreclose the loan and will not be transferred directly to the student unless the student obtains prior written approval from such approved lenders. No direct refund shall be issued without such approval. Students are advised to contact NICMAR's approved lenders directly to understand their loan obligations and to request such written approval, if applicable. NICMAR shall not be responsible for any delay or denial of such approval by lender/s. The above conditions are binding on all Students who have availed loans through the approved lenders for NICMAR Courses and are in addition to NICMAR's standard refund and cancellation terms outlined in Clause 9. 9.6 Enrolled students are eligible to make requests to transfer from one course to another only for once. However, it is mandatory for such students to give requests at least (3) three working days prior to scheduled start of their enrolled course and course to be enrolled, under such circumstances. Further, enrolled students are eligible to make requests to transfer from one batch to another, only once during their enrollment with NICMAR Online. However, it is mandatory for such students to give requests at least (3) three working days prior to scheduled start of their enrolled batch and batch to be enrolled, under such circumstances. No transfers will be permitted after this deadline. Students are advised to carefully select their course and batch before confirming enrollment. No fees will be refunded for the same. 9.7 Taxes taken for the course is not refundable. After the first course the amount taken as course fees or seat booking fees are non-refundable. 10. Reserved rights of NICMAR to cancel the subscription of a Subscriber: 10.1. NICMAR reserves the absolute right to cancel the subscription of the Course of a User who fails to pay the Course fee, and in case the User has opted to pay the Course fee by availing a loan from a Financial Institution, has failed to pay the monthly instalment towards the repayment of the loan amount or whose repayment is not approved by the Financial Institution, within a period of thirty (30) days from the Course commencement date. 10.2. NICMAR further reserves the absolute right to cancel the subscription of the Course of a User who fails to comply with any of these Terms and any other Terms and conditions associated with the Courses / Services offered. 10.3. Upon cancellation of the subscription by NICMAR as stated above: (i) the User shall not be entitled to a refund of any amounts paid to NICMAR under any circumstances whatsoever; and (ii) the User's access to the Platform and all its features shall be terminated immediately. 10.4. In no event shall NICMAR be liable to the User, including for any losses which the User may suffer due to the cancellation of their subscription to the Course by NICMAR. 11. Clearance of Courses If a session is missed before the batch start: One reschedule is allowed. If a session is missed after the batch has started: One reschedule is permitted free of charge; a fee will apply from the second instance onward. If a session is missed after completing X modules: The participant may resume the course, subject to approval by the Academic Head, based on the reason for the absence. 12. Performance Record NICMAR may decide at its sole discretion whether to provide a record concerning a User's performance in a Course. The format of such record will be determined by NICMAR in its sole discretion and may vary from Course to Course. 13. Certification NICMAR may, at its sole option and discretion, grant Course completion certification to Users who have successfully completed the Course within the time period prescribed by NICMAR by obtaining the score prescribed by NICMAR and fulfilling such criteria and requirements and complying with such conditions as may be required by NICMAR. Further, NICMAR may, at its sole option and discretion, grant Course participation certification to Users who have successfully completed the Course within a time period prescribed by NICMAR by obtaining the score prescribed by NICMAR and complying with such other conditions as may be required by NICMAR. For the avoidance of doubt, it is clarified that the decision to award any certification to a User will be solely at the discretion of NICMAR. NICMAR may also choose not to offer any certification for certain or all of its Courses. The certificates will be an electronic/digital certificate or such other form as may be determined by NICMAR. If a User loses his certificate, an additional copy may be provided by NICMAR at its sole discretion and at a prescribed cost, if any. 14. No Academic Credit Participating in and successfully completing a Course with NICMAR by a User does not grant him any academic credit. Further, any Course completion or Course participation certificate granted by NICMAR to a User does not confer any academic credit. NICMAR has no obligation to have the Courses recognized by any university, or any educational institution or accreditation organization or any industry body. 15. Consent for Live Streaming and Recording The User hereby unconditionally, irrevocably, and perpetually consents to and authorises NICMAR and its affiliates, licensees, distributors, networks, advertising agencies, agents, and any other persons acting on their behalf ("Authorised Parties") to: i. Live stream, film, and record (audio and video) the delivery of the Course and the live mentoring, teaching, educational sessions, and workshops attended by the User, in any format and in any medium or device, using any processes or technology, whether currently existing or developed in the future ("User's Recordings"); ii. Store digitally and make audio, video, and/or audio-visual reproductions of, or otherwise reproduce, the User's Recordings through any means and medium; iii. Use, broadcast, rebroadcast, transmit, distribute, and publicly perform the User's Recordings on the Platform, on the Internet, radio, television, or any other public or private network; iv. Edit, cut, add to, subtract from, arrange, rearrange, revise, and otherwise make changes to the User's Recordings in any manner; v. Include in the User's Recordings the performances of others, as well as sound effects, special effects, digital effects, and music; vi. Exploit the User's Recordings for the benefit of NICMAR in any manner; vii. License others to use the User's Recordings in any manner or media whatsoever, including, without limitation, for purposes of publicity, advertising, promotion, and any other use; viii. Assign all rights of whatsoever nature in the User's Recordings to third parties; and ix. Use the User's Recordings for the promotion of the Platform and the businesses of NICMAR and its affiliates. 16. Non-Assignment of Courses & consequences of breach Any Courses provided by NICMAR to a User under these Terms are personal to such User and cannot be transferred or assigned to any other Person in any manner whatsoever. In the event that any User attempts to or does assign, transfer, or share access to such Course with any other individual or entity, NICMAR reserves the right to immediately cancel the User's subscription to the Course without any refund, and further reserves the right to recover any damages suffered and/or pursue any other legal remedies available under applicable law. 17. Disclaimers of Warranties 17.1. The website and services, including all content, are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. 17.2. To the fullest extent permissible pursuant to applicable law, NICMAR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 17.3. NICMAR does not warrant that: (a) the services will meet your requirements. (b) the services will be uninterrupted, timely, secure, or error-free. (c) the results that may be obtained from the use of the services will be accurate or reliable. (d) the quality of any products, services, information, or other material obtained by you through the services will meet your expectations. (e) any errors in the software or content will be corrected. 17.4. NICMAR does not warrant or make any representations regarding the use or the results of the use of the content or services in terms of their correctness, accuracy, reliability, or otherwise. You assume all risk for any damage that may result from your use of or access to the services. 17.5 NICMAR expressly disclaims all liability for any loss or damage arising directly or indirectly from the use of or reliance on any information or services provided through its platforms, including but not limited to technical inaccuracies, typographical errors, or website downtime. 17.6. NICMAR is a registered trust established under the maharashtra public trusts act, 1950, and is not affiliated to, nor does it claim affiliation with, any university including NICMAR university pune or statutory academic institution in any manner. The courses, certifications, and programs offered by NICMAR are autonomous and designed for skill enhancement, professional development, and continuing education. NICMAR does not confer any academic degree or university-recognized qualification under the purview of the university grants commission (ugc) or aicte or any other statutory body. 18. Limitation of liability. 18.1. To the fullest extent permitted by applicable indian law, in no event shall NICMAR, its trustees, officers, employees, agents, faculty, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if NICMAR has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the website or services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) any other matter relating to the website or services. 18.2. In no event shall NICMAR's total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing the specific service giving rise to the liability. 18.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. 19. Indemnification 19.1. You agree to defend, indemnify, and hold harmless NICMAR, its trustees, officers, employees, agents, faculty, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Website and Services; (b) Your violation of any term of these Terms; (c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) Any claim that your use of the Services caused damage to a third party. 19.2. This defence and indemnification obligation will survive these Terms and your use of the Services. 20. Third-Party Websites and Links 20.1. The Website may contain links to third-party websites or resources. You acknowledge and agree that NICMAR is not responsible or liable for: (a) The availability or accuracy of such websites or resources; or (b) The content, products, or services on or available from such websites or resources. 20.2. Links to such websites or resources do not imply any endorsement by NICMAR. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 21. Privacy Your privacy is important to us. Please review Our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. 22. Modification of Terms 22.1. NICMAR reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, which may include posting the revised Terms on the Website. What constitutes a material change will be determined at our sole discretion. 22.2. By continuing to access or use our Website or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. 23. Governing Law and Dispute Resolution 23.1. These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. 23.2. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website or Services shall be exclusively brought in the competent courts located in Mumbai, Maharashtra, India, and you hereby consent to the exclusive jurisdiction and venue of such courts. 24. Miscellaneous 24.1. Entire Agreement: These Terms including separate terms issued for each course, together with the Privacy Policy [and any other legal notices or specific agreements published by NICMAR on the Website], constitute the entire agreement between you and NICMAR concerning the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services. 24.2. Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. 24.3. "I agree to comply with the NICMAR Online Placement Policy and Terms & Conditions." 24.4. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NICMAR's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 24.5. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NICMAR without restriction. 24.6. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.