Terms and conditions for www.omiid.org
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using this Website you agree and acknowledge to be bound by these Terms.
References in these Terms to "we" or "us" or “website” or “institute” are references to www.omiid.org and “you” as subscriber/customer/student.
It is hereby clearly proclaimed that IID institute and the website in the same name is a private training initiative and it makes no claims of being promoted/authorized by the any authorized government body/ agency/university. Certificate of IID institute shall not be recognized/used for the purposes of any government job, international job, visa and further studies in India or abroad. Your sole purpose to join our training is to get practical and professional knowledge which can be useful to develop your skills in the fields of interior & fashion designing. You clearly agree and acknowledge that you are aware with the facts that we are a private training initiative which never offers/supports for your internship/job and you don’t have any confusion in this context.
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use www.omiid.org, including any sub domains, WebPages or extension or education services or training services of www.omiid.org/institute and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of www.omiid.org and institute’s training services are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any student who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a student of the institute by submitting identification information/ registration details and accepting the electronic record of the User Agreement.
Amendment: The institute/website reserves the right to change this website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the institute believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the institute posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the institute will provide prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the institute. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Institute’s Rules and Policies as provided from time to time.
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible. A minor is not allowed to access or register.
Registration and Communication
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The institute, its employees or associates shall not be responsible in any manner for any kind of losses whatsoever occurring from such breach of secrecy of your username and password.
You agree that your sole purpose of registering or using is to subscribe for training services and online practice tests generated by us which are specifically notified by the institute on the Website from time to time and you shall not use this Website for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the institute has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the institute reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the institute. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the institute is through electronic records and you consent to receive communication from the institute via electronic records which will be deemed adequate service of notice/ electronic record.
The instructions “How to answer the online examination” will also be available on the web page of the website. All students are to ensure that they read and adhere to these instructions for answering the practice online examinations. The student agrees that institute shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents the student from using the website as designed or due to any reasons over which institute has no control.
Student shall be charged fees as provided in the institute’s Fees Policy. The institute reserves the right to introduce new services or modify the existing services. Additionally, the institute at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the institute shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
You are responsible for paying all charges/ fees and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the institute reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your registration with the Institute as well as with the Website and disallow access to Institute as well as Website.
Student hereby clearly agrees and acknowledges that institute shall change its affiliations/collaborations with other institutes, course contents/modules and faculties as and when deemed appropriate by the institute on the reasonable grounds. You clearly agree and acknowledge that in case of change in affiliations/collaborations with other institute, certificates shall be issued accordingly.
All payment Installments shall be done through Cheque in the favour of "International Institute of Design" or "Shiv Education Trust".
You clearly agree and acknowledge that in case of cheque return/bounce, you shall pay the said amount of cheque in cash along with penalty of Rs.500/- per such cheque with in 2 days from the date of cheque return/bounce.
The post dated cheque against the installment shall be deposited at the time of admission with the due date between 1st to 6th of every month.
While making payment, you shall submit 8 photos, S.S.C. / H.S.C. mark sheets with address proof along with the admission form.
You clearly agree and acknowledge that you believe in our success story and take our training services with confidence. You agree and acknowledge before selecting services and making payment, you have evaluated our training services completely as per your requirements. Also, you agree and acknowledge that there is a lot of work and resources involved to achieve every milestone of training while offering services to you. Therefore, you clearly agree and acknowledge that if you elect to cancel your registration after payment then you shall not be entitled for any refund in any circumstances. In case of any dispute between
Exam, mark-sheet and certification Policy
You clearly agree and acknowledge that we provide 11 month level 1,2 & 3 certificate courses. You clearly understand that such certificates may be helpful to you in appearing private sector interviews subject to your professional designing skills, gratitude, attitude, personality and language control for which you will be solely responsible.
You clearly agree and acknowledge that 70% attendance is must otherwise you shall not be allowed to sit in the final examination.
Further, you clearly agree and acknowledge that any type of misbehavior during exams or otherwise may lead to termination of your registration without any prior notice.
Mid-term Exam will be conducted every six months and Final examination will be taken at the end of every academic year.
If you don’t appear in mid-term exam then you agree to pay Rs.500/- as re-test charges.
If you don’t appear in final exam then you agree to pay Rs.2500/- as re-test charges.
Re-test may be arranged with in one month’s time from the date of actual test.
Certificates will be issued after 2 months from the date of completion of exams.
You agree and undertake not to carry out any activity that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of institute’s materials;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the Website or the institute or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the institute has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of your registration and also for taking appropriate legal action.
If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
Mobile usage is strictly prohibited during the class hours in the class room. You agree to pay Rs. 50/- fine per violation.
I-card is mandatory for entering in the Institute. In the event of I-Card loss the holder of the I-card agrees to pay Rs. 200/- for new identity card.
Privacy of Data
Third Party Services & Links
We may choose from time to time to provide links to various third-party websites from the Website. This may include links to sites owned by our associated companies including but not limited to job assistance companies. These third-party links and services are provided for your convenience only and are accessed at your own risk. You clearly agree that we have no responsibility or liability for any independent policies or actions of these third-party sites/companies and are not responsible in any way for the privacy practices, customer service practices, charges policy, content or availability of any such websites/companies. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such websites/companies.
The Information, reports, question bank, answers/solutions, materials and other details included in the Services are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep Materials up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Services and Materials are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
You shall indemnify and hold harmless the institute and the institute's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights
All intellectual property rights and other rights in the Services and Materials (in both machine readable and printed form) belong to us only. Authorized Users acquire no proprietary interest in the Service or Materials and except as expressly permitted by these terms and conditions and may not use the Service or the Materials in any way that infringes the intellectual property rights in them.
Authorized Users may not obscure or remove any copyright notices that appear on Materials printed from the Service.
Any derived values, calculations or reports created using our Data must be declared to and authorized by us, prior to being implemented or used by the subscriber.
The contents, graphics, questions, answers, software, design, style, Interface, compilation, digital conversion and every other matters related to the website are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “www.omiid.org.com” and other marks are either trademarks or registered trademarks of ___________________.
Every effort has been made to ensure the originality and authenticity of the materials and contents. Similarities with materials and contents on similar subjects / topics available in any form elsewhere are purely coincidental.
Other products/services, institute names, brand names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreement are strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials.
Authorized students may use the Service and the Materials that appear on it from time to time for their studies purposes.
Users shall not:
- make multiple printouts or copies of Materials for distribution to Unauthorized Persons;
- re-sell the Service or any part of the Materials to others;
- make the Service or any Materials available to Unauthorized Persons on any network;
- abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted;
- decompile, disassemble or reverse engineer any of the computers, software programs, databases or other systems used by us to provide the Service;
- use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users
Termination of services
This Agreement shall commence on the date of student’s admission with the institute.
We may terminate this Agreement if we wish to cease to operate the Service by giving the Customer thirty (30) days e-notice expiring at any time subject to a refund for the remainder of the Period on a pro rata basis.
If, at any time, we have reasonable grounds to believe that the student is not using the services and materials in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the services and materials by persons other than the users identified in the subscription confirmation, we may suspend the provision of the Service to the Student. You agree and acknowledge that we shall have no obligation to reinstate the Service until a user list has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. On expiry or termination of this Agreement for whatever reason the student shall cease all use of the materials immediately.
Limited liability clause
You agree and acknowledge that in no event shall the institute or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, training, or any other services under this User Agreement. Further, The institute liability in any circumstance is limited to the amount of last payment of charges/ fees, if any, paid by you to the institute. The institute, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the institute assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
Without limiting other remedies that the institute may pursue, the institute may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide you with access to the Website/institute or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the institute shall waive any rights or claims that the institute may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the institute. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the institute reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Website, other Users or the institute, including any complaints or enquiry about suspension, termination or blocking of your registration or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the institute/ Grievance Officer to resolve the issue.
It is compulsory to read and understand our terms and conditions before taking admission. Disputes or discussions without reading and adhering to our terms and conditions shall not be entertained.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the institute and you shall have no authority to bind the institute in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the institute shall be given by email to email@example.com and any notices to you by the institute shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the institute with respect to the subject matter herein.
The institute at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the institute assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the institute under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the institute during your use of services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the institute whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of us.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The subscriber acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.