IBSA Terms and Conditions
As updated on October 16th , 2021
Welcome to the Integral Bytes Skills Academy, hereafter known as IBSA.
Please go through IBSA’s terms and condition. These terms and conditions (“Terms and Conditions”), are between IBSA and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website https://integralbytes.in/ (“Website”) and/or our app ‘IBSA Stars’ (“Apps”), Website and Apps together shall be referred to as “IBSA Platform”, you agree to be bound by the provisions of these Terms and Conditions.
By using or visiting the IBSA Platform or any IBSA software, data feeds, and service provided to you on, from, or through the IBSA Platform, you signify your agreement to
(1) these “Terms and Conditions”,
and any other terms that are updated from time to time.
If you do not agree to any of these terms, please do not use the IBSA Platform.
The domain name, Website and the Apps are owned, registered and operated by Integral Bytes Skills Academy, a proprietorship company having its registered office at K 604, Rail Vihar, Sector 4, Kharghar, Navi Mumbai, India, (hereinafter referred to as “IBSA” or “ us” or “we” or “our” or “Company”).
In order to access some of the features of the IBSA Platform, you may have to create your account with IBSA. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party.
When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.
You must notify IBSA immediately of any breach of security or unauthorized use of your account. At no point in time will IBSA be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to IBSA or others due to such unauthorized use, if any.
IBSA takes no responsibility for any User Content that is uploaded on the IBSA Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the IBSA Platform provided herein.
IBSA hereby grants you permission to access and use the IBSA Platform as set forth in these Terms and Conditions, provided that:
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
The IBSA Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the IBSA Platform is owned and controlled by IBSA and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, IBSA owns all IPR to and into the IBSA Platform.
The mark “IntegralBytes” is the sole property of IBSA. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from IBSA.
IBSA provides two types of learning – A) through LMS based self-study online courses & B) through live online meeting based lectures. The self-study courses are designed for easy paced learning. For self-study courses, refund request must be initiated within 24 hours of purchase. The live online meeting based lectures are delivered in fixed number of sessions with predefined credits for each session. Refund request must be initiated before 75% credits are delivered at the maximum and refund amount would be proportional to the credits remaining in that particular batch. When a refund is processed, certificate of completion will be withheld.
In case any of the above-mentioned cases occur, IBSA reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
IBSA operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
As part of IBSA’s copyright policy, IBSA will terminate User access to the IBSA Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
You will not without obtaining prior written consent of IBSA, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the IBSA Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to IBSA or IBSA Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of IBSA and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE IBSA PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IBSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE IBSA PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, IBSA EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON IBSA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE IBSA PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE IBSA PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE IBSA PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IBSA PLATFORM. IBSA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR IBSA PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IBSA PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IBSA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IBSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT IBSA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR IBSA PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE IBSA PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR IBSA PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IBSA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IBSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, IBSA LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE IBSA PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT IBSA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE IBSA PLATFORM IS CONTROLLED AND OFFERED BY IBSA FROM ITS FACILITIES IN INDIA. IBSA MAKES NO REPRESENTATIONS THAT THE IBSA PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE IBSA PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless IBSA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the IBSA Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the IBSA Platform.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the IBSA Platform.
IBSA reserves the right to refuse access to use the IBSA Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our IBSA Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the IBSA Platform is subject to the most current version of the Terms and Conditions made available on the IBSA Platform at the time of such use.
IBSA shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions).
You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the IBSA Platform and other personal information in a prescribed format and IBSA will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Mumbai / Thane Region, Maharashtra, India.
IBSA may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the IBSA Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
When you visit IBSA Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on IBSA Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the IBSA Platform shall be in writing and sent to the registered office of IBSA. We do not guarantee continuous, uninterrupted or secure access to the IBSA Platform, and operation of the IBSA Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.