LAST REVISION: [02 Oct 2022]
NIMka EdTech Private Limited ("us", "we", or "our") operates the www.nimka.in and www.nimka.app web sites (the "Site").This “Site” including the mobile site, Smartphone App Platforms such as iOS, Android, Windows is published and maintained by NIMka EdTech Private Limited (“NIMka”), a company incorporated and existing in accordance with the laws of the Republic of India (together with its subsidiaries and other affiliates, “us”, “We”, “our” or “NIMka”). By accessing or using the Site or by using the Service on the Site you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. When you access any sub-site, webpage, hyperlink (whether belonging to an ‘associate’ of NIMka or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.
NIMka may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, and NIMka EdTech Private Limited (NIMka) having its registered office at A-3/10, Salunkhe Vihar, Pune – 411022, Maharashtra, India.
This Terms of Service Agreement (the "Agreement") governs your use of this Site, [www.nimka.in] (the "Site"), NIMka EdTech Pvt Ltd ("Business Name") offer of products for purchase on this Site, or your purchase of products available on this Site. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. NIMka EdTech Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Site. NIMka EdTech Pvt Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Site. Your use of the Site following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. NIMka EdTech Pvt Ltd encourages you to review this Agreement whenever you visit the Site to make sure that you understand the terms and conditions governing use of the Site. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with NIMka EdTech Pvt Ltd for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Site. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Site offers for sale certain products (the "Products"). By placing an order for Products through this Site, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct NIMka EdTech Pvt Ltd sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations NIMka EdTech Pvt Ltd and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
Proprietary Rights. NIMka EdTech Pvt Ltd has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by NIMka EdTech Pvt Ltd. NIMka EdTech Pvt Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Site also offers information and marketing materials. This Site also offers information, both directly and through indirect links to third-party Sites, about Educational Products. NIMka EdTech Pvt Ltd does not always create the information offered on this Site; instead the information is often gathered from other sources. To the extent that NIMka EdTech Pvt Ltd does create the content on this Site, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Site is for personal, noncommercial use. Any links to third-party Sites are provided solely as a convenience to you. NIMka EdTech Pvt Ltd does not endorse the contents on any such third-party Sites. NIMka EdTech Pvt Ltd is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Sites. If you link to third-party Sites, you do so at your own risk.
Use of Site; NIMka EdTech Pvt Ltd is not responsible for any damages resulting from use of this Site by anyone. You will not use the Site for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Site (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Site by other users, (3) not resell material on the Site, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Site License. By using this Site, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Site in connection with your normal, noncommercial, use of the Site. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from NIMka EdTech Pvt Ltd or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Site, you hereby grant NIMka EdTech Pvt Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
NIMka EdTech Pvt Ltd does not have the ability to control the nature of the user-generated content offered through the Site. You are solely responsible for your interactions with other users of the Site and any content you post. NIMka EdTech Pvt Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. NIMka EdTech Pvt Ltd reserves the right, but has no obligation, to monitor interactions between and among users of the Site and to remove any content NIMka EdTech Pvt Ltd deems objectionable, in the company's sole discretion.
YOUR USE OF THIS SITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIMka EdTech Pvt Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR SITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE SITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIMka EdTech Pvt Ltd MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY SITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NIMka EdTech Pvt Ltd ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE SITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE SITE. NIMka EdTech Pvt Ltd WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless NIMka EdTech Pvt Ltd , and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Site content or your use of the Site content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to NIMka EdTech Pvt Ltd . When NIMka EdTech Pvt Ltd is threatened with suit or sued by a third party, NIMka EdTech Pvt Ltd may seek written assurances from you concerning your promise to indemnify NIMka EdTech Pvt Ltd; your failure to provide such assurances may be considered by NIMka EdTech Pvt Ltd to be a material breach of this Agreement. NIMka EdTech Pvt Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Site content or Products, with counsel of NIMka EdTech Pvt Ltd choice at its expense. NIMka EdTech Pvt Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend NIMka EdTech Pvt Ltd against any claim, but you must receive NIMka EdTech Pvt Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Site or Products.
NIMka EdTech Pvt Ltd believes strongly in protecting user privacy and providing you with notice for the usage of data. Please refer to NIMka EdTech Pvt Ltd privacy policy, incorporated by reference herein, that is posted on the Site.
By using this Site or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Site.
Force Majeure. NIMka EdTech Pvt Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. NIMka EdTech Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Site and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and NIMka EdTech Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of NIMka EdTech Pvt Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Site originates from the city of Pune, in the State of Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor NIMka EdTech Pvt Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra By using this Site or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. NIMka EdTech Pvt Ltd reserves the right to terminate your access to the Site if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Site and NIMka EdTech Pvt Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Site is terminated, NIMka EdTech Pvt Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Site. This Agreement will survive indefinitely unless and until NIMka EdTech Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. NIMka EdTech Pvt Ltd makes no representation that the Site or Products are appropriate or available for use in locations outside India. Users who access the Site from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. NIMka EdTech Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS SITE OR ORDERING PRODUCTS FROM THIS SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.