TERMS AND CONDITIONS
Welcome to nicl.lums.edu.pk (“Website”) also hereby known as “we”, “us” “they” “our” or “NICL”.
Please read the following terms and conditions (“Terms” / “User Agreement”) which govern your access and use of the Website. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of the Website. In this User Agreement, “User”, “Users”, “you” or “your” refers to any person or entity registering on and /or using or accessing the Website.
By using the Website, you hereby accept these Terms (including any linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use of the Website which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Website.
A. CONDITIONS OF USE
2. User’s Accounts
Except with the NICL’s approval, one User may only register one Account on the Website. NICL may cancel or terminate a User’s Account if it has reasons to suspect that a User has concurrently registered or is controlling two or more Accounts. Further, NICL may reject User’s application for registration for any other reason.
Upon registration on the Website, NICL shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”).
Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person. Users agrees to notify NICL immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.
All Users agree that all the activities that occur under their Account will be deemed to have been authorized by the User.
All Users acknowledge that sharing of their Account with other persons, or allowing multiple User to use their Account (“Multiple use”), may cause irreparable harm to NICL or other Users of the Website. Users shall completely indemnify NICL, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, NICL shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.
3. Users’ Responsibilities:
All Users represent, warrant and agree that they have complete power and authority to accept the Terms and to perform the obligations hereunder.
The Users who register shall be required to provide personal information and / or certain information or material about their entity, business etc. and may be required to share their name, address, and type of business / ideas / expertise they retain, as part of the registration process on the Website. Each User represent, warrant and agree that:
· such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Website is true, accurate, current and complete; and
· they shall maintain and promptly amend all information and material to keep it true, accurate, current and complete.
All Users represent, warrant and agree that:
· they shall be solely responsible for submitting, posting or displaying any user content (“User Content”);
· any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
· they and their affiliates are not the subject of any restrictions, sanctions or other legal restrictions enacted by any individual(s), entity, country, international organization or jurisdiction.
All Users further represent, warrant, and agree that the User content that they submit, post or display shall:
· be true, accurate, complete and lawful;
· not be false, misleading or deceptive;
· not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
· not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· not violate the services listed on the Website, other terms or any applicable additional agreements;
· not violate any applicable laws and regulations (including but not limited to those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
· not contain any link directly or indirectly to any other web Website which include any content that may violate the Terms.
All Users further represent, warrant and agree that they shall:
· carry on their activities on the Website in compliance with any applicable laws and regulations;
· carry on their activities in accordance with the Terms and any applicable additional agreements;
· not use the Website to defraud any person or entity;
· not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
· not engage in spamming or phishing;
· not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
· not involve in any attempts to copy, reproduce, exploit or expropriate NICL’s various proprietary information;
· not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
· not involve in any scheme to undermine the integrity of the data, systems or networks used by NICL and/or any User of the Website or gain unauthorized access to such data, systems or networks;
· not, and their director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities are organized or have operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities/authorities; and
· not engage in any activities that would otherwise create any liability for NICL or our affiliates.
Users may not use the services on the Website and / or User ID to engage themselves in activities which are identical or similar to NICL’s business.
Users acknowledge and agree that NICL shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessed through the services or Website. NICL does not endorse, verify or otherwise certify the contents of any comments made and other material or information shared by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Website and services are in compliance with the same.
4. Permission to Use the Website
We grant you a limited permission to access and make personal use of this Website, but not to download (excluding page caches) or modify the Website or any portion of it in any manner. This permission does not include any resale or commercial use of this Website or its contents; any collection and use of any service listings, descriptions, or any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Website with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial, personal or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, services, or any existing incomplete business with us and in severe cases may also result in legal action on:
· refusal to comply with the Terms described herein or any other guidelines and policies related to the use of the Website as available on the Website at all times;
· impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
· use the Website for illegal purposes;
· attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or services;
· interfere with other User’s utilization and enjoyment of the Website;
· post, promote or transmit through the Website any prohibited materials as deemed illegal by the Islamic Republic of Pakistan; and/or
· use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another User’s computer or mobile device or the Website and use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of NICL and/or any other User nor to gain unauthorized access to such computer systems or networks.
You also agree not to undertake any action which may undermine the integrity of NICL and its affiliates.
By posting or displaying any information, content or material on the Website or providing any User Content to NICL or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to NICL to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Website, the provision of any services and/or the business of the User. You confirm and warrant to NICL that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
5. Conduct of Users
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Website, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You are strictly prohibited from using the Website:
· for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
· to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.
· to cause annoyance, inconvenience or needless anxiety.
· to any other purposes that is other than what is intended by us.
6. Submissions by Users
Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post submissions to the Website, you also grant us the right to use the name that you submit, in connection with such other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard.
7. Breaches by Users
NICL reserves the right in their sole discretion to remove, modify or reject any User Content that Users submit to, post or display on the Website which they reasonably believe is unlawful, violates the Terms, or could subject NICL or their affiliates to a certain liability, and is otherwise found inappropriate in NICL’s reasonable opinion.
If any User breaches any Terms, or if NICL has reasonable grounds to believe that a User is in breach of any Terms, NICL shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation:
· suspending or terminating the User’s Account and any or all accounts determined to be related to such Account by NICL in their discretion;
· restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any of the service;
· removing any User Content that the User has submitted, posted or displayed, or imposing restrictions on the limits of User Content that the User may post or display;
· imposing other restrictions on the User’s use of any features or functions of any service as NICL may consider appropriate in their sole discretion; and
· any other corrective actions, discipline or penalties as NICL may deem necessary or appropriate in their sole discretion.
Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
· upon complaint or claim from any third party, NICL has reasonable grounds to believe that such User has willfully or materially failed to perform their contract with such third party.
· NICL has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
· NICL believes that the User’s actions may cause financial loss or legal liability to NICL or their affiliates or any of the other Users.
NICL reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, NICL may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), transactions, business or activities carried out on or via the Website, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena, notice or other legal action. NICL shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against NICL for such disclosure.
NICL may, at any time and in their reasonable discretion, impose limitations, suspend or terminate the User’s use of any services or the Website without being liable to the Users if NICL has received notice that the User is in breach of any agreement or undertaking with any affiliate of NICL such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. NICL shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify NICL, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Website or Services, or from your breach of the Terms.
Each User further agrees that NICL is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Website, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. NICL reserves the right, at the expense of the Users, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with NICL in asserting any available defenses.
Each User acknowledges that it/he/she is fully assuming the risks of conducting any transactions in connection with using the Website or services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind that are the subject of using the Website. Each User agrees that NICL shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with the User registering, using or accessing the Website or services of NICL.
Users agrees to provide all information and materials as may be reasonably required by NICL in connection with their transactions conducted on, through or as a result of use of the Website or Services. NICL has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any other party, such User agrees to release and indemnify NICL (and their agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute with any other party.
We do not make or give any representation or warranty, respectively as to specifics (such as quality, value, salability, etc.) of the User services detailed on the Website. We do not implicitly or explicitly support or endorse the rendering or acquiring of any such services on the Website. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
B. DISCLAIMERS AND LIABILITIES
1. Continued Availability of the Website
We will do our utmost to ensure that access to the Website is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Website, this cannot be guaranteed. Additionally, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
2. Claims Against Objectionable Content
If you believe that any content on the Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on firstname.lastname@example.org we will make all practical endeavors to investigate and remove valid Objectionable Content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of Objectionable Content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
3. Claims Against Infringing Content
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at email@example.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
4. Disclaimer of Liability
You acknowledge and undertake that you are accessing the services on the Website at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Users nor any breach of conditions, representations or warranties by the Users of their services and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and other Users.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, fitness for a particular purpose, or legality of the services listed or displayed or transacted or the content on the Website. While we have taken precautions to avoid inaccuracies in content of this Website, all content, information, software, services and related graphics are provided as is, without warranty of any kind.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commence using the Website.
Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to NICL computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from NICL or through or from the Website shall create any warranty not expressly stated herein.
5. Limitation of Liability
You agree that NICL nor its employees, directors and personnel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the Website, (ii) the liability of any User, and (iii) in connection with the services availed through the Website. You further agree that NICL shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
You agree to defend, indemnify and hold harmless NICL and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. NICL shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding. You agree that this clause shall survive termination of this User Agreement.
C. TRADEMARKS AND COPYRIGHTS
nicl.lums.edu.pk, NICL logo, NICL, and other marks indicated on our Website are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Website also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
You may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Website whether in whole or in part, or create any derivative works from or of the Website.
D. GENERAL PROVISIONS
1. Communicating with Us
When you visit the Website, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, and phone call or by posting notices on the Website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
2. Amendments to Conditions or Alterations of Service
We reserve the right to make changes to the Website, its policies, these Terms and any other publicly displayed condition or service promised at any time. You will be subject to the policies and Terms in force at the time you used the Website unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
NICL reserve the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the Website following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at firstname.lastname@example.org.
3. Events Beyond Our Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control.
Under no circumstances shall NICL be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You acknowledge and recognize that we, as an enterprise, reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the Terms stated on our Website and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or revoke any or all of your rights granted under these Terms. Upon any termination of this agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
6. Governing law and jurisdiction
These Terms are governed by the laws of Pakistan. The Pakistani courts in Lahore shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of these Terms is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms / User Agreement, which shall remain in full force and effect.