Terms of ServiceLast Updated: June 17, 2014
a) Nibaal.com is Proposal Management software that enables you to create winning proposals swiftly by inserting modules, selecting templates & adding categories. Nibaal is owned and operated by ISPG Technologies India Private Limited, a company incorporated under Indian Companies Act, 1956. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Nibaal.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. You will receive a password and account designation upon completing the Website's registration process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Nibaal.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nibaal.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Description of the Service:
Nibaal.com is Proposal Management software that enables you to create winning proposals swiftly by inserting modules, selecting templates & adding categories. It has a variety of advanced features that make proposal creation, easy and effective. These features include an advanced RTE, version control, repository, online collaboration etc. Nibaal is indispensable software for enterprises that wish to create customized proposals instantly. The features are available at http://Nibaal.com/features. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Nibaal services, shall be subject to this Agreement
Pricing & Packages:
Our packages are designed to suit the varied needs of our customers. Each package comes to you with 100% satisfaction guarantee. The Packages and payment options are available in http://nibaal.com/plansandpricing. Any work over the allowed package would be charged as additional work. Nibaal would inform user upfront and get permission before doing any work that would result in additional fee. Nibaal reserves the right to increase prices of its services to its User.
Cancellation & Refunds
All sales are final. Once the payment is made, there are no refunds.
Modifications to Service:
Nibaal reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nibaal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Blocking of IP Addresses:
In order to protect the integrity of the Service, Nibaal reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Information Submitted Through the Site:
User may not use, or allow others to use, your account to: Post any content that is abusive or defamatory or which discloses private or personal matters concerning any person. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Intellectual Property Rights:
The Site, Site Content, Site Code, content available through this site and all copyrights, site design, graphics, text selections, arrangements, software, photographs, illustrations, artwork, names, logos, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to Nibaal and are owned by Nibaal and/or its Affiliates and are protected by applicable copyright, trademark and other intellectual property laws. This site is the property of Nibaal and , you shall not copy, capture, reproduce, perform, transfer, sell, license or otherwise redistribute for any commercial purpose, or modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").
Applicability Of Materials
We have done our best to ensure that our website complies with National and International laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their own initiative and are responsible to comply with all applicable laws. If you use our website, browse it or use any material or content or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
LINK TO OTHER WEBSITES AND LINKING DISCLAIMER
The Website may contain links to other websites ("Linked Sites"). Third party Content may appear on the Web Site or may be accessible via links from the Web Site. Nibaal shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party content appearing on the Web Site. Nibaal has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of Nibaal. Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by Nibaal
Disclaimer Of Warranties/ Limitation of Liability
Nibaal.com makes reasonable effort to ensure that that all the information on the Website is correct, but Nibaal.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Yaelne.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Yaelne.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Nibaal.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Nibaal.com that arise out of, result from, or may be payable by virtue of, your use of the service in violation of this Agreement and/or arising from any breach and/or non-performance of any representations and warranties and/or your negligent or wilful acts, and/or the violation by you of Nibaal’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
Term and Termination:
This Agreement will remain in full force and effect while you use the Website. Nibaal.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. Notwithstanding above, these Terms will survive indefinitely unless and until Nibaal.com chooses to terminate them. If you or Nibaal.com terminates your use of the Website or any Service, Nibaal.com may delete any content or other materials relating to your use of the Service and Nibaal.com will have no liability to you or any third party for doing so. Nibaal reserves the right to refuse service to anyone for any reason at any time.
You agree that any and all disputes or controversies of any nature between you and Nibaal arising at any time shall be determined by binding arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996. The venue of Arbitration shall be Cochin, Kerala, India. The arbitration panel shall comprise three arbitrators, one appointed by each party and the third appointed by the two so appointed arbitrators.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Ernakulam only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. WAIVER The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.