DISCLAIMER AND LIABILITY WAIVER(TERMS AND CONDITIONS
|1.1||Welcome to the admission portal [www.ifbc.in (“Website”)] of Imperial Fernando Ballet Company Private Limited (CIN U92190DL2010PTC206964) The Website and the Portal is owned and operated by Imperial Fernando Ballet Company Private Limited (“ifbc”), whose registered office is located at 241, Lower ground floor, West and marg Saidulajab New Delhi 110030.|
|1.5||Our Services are designed to be compliant with the laws of India. If You access Our Services from locations outside India, You do so at Your own risk and You are solely liable for compliance with applicable local laws.|
|1.7||We reserve the right to restrict access to Our Portal and all of the Services provided therein, if You have been or We have reasonable grounds to believe that You have been convicted of an offence which involves moral turpitude or any offence under the Indian Penal Code, 1860.|
|2.1||Our "Services”, provided through the Portal, include training students in performing arts, dance, choreography, music, etc. and as more particularly described on the Website/Portal("Program”) for which it accepts and trains students of various age groups from across the country. The range of Our Services are may vary from time to time and shall be made available on the Portal ("Services”).|
|3.||FEES AND CHARGES|
|3.1||Our fees and charges for our Services shall be as displayed on the Portal and vary for each Program and may also be revised from time to time without any prior notice to You and at the sole discretion of the Company.|
|3.2||While enrolling with any of our Services/Program You shall be bound by the fees and charges prevalent,for that particular Service/Program, on the Portal on the date of enrolment. Once payment for a particular Service/Program availed by You has been made to Us based on the fees indicated on the Portal, the same shall be valid for the entire duration of the Service/Program despite any change in fees and charges for that Program during the duration of Your enrolment. The fees and charges for enrolment to the same Service/Program after completion of the previously enrolled Service/Program would be the amount prevalent on the date of such re-enrolment|
|3.3||You expressly consent to, confirm and acknowledge that We will provide no refunds for any fees/charges levied on You by Us for the Services. The fees paid for the Program(s)is Non-refundable and Non-transferable, save and except under the following exceptional circumstances (i)Change in Schedule of the Service by Us post enrolment, without assigning any reason, making it inconvenient for You to continue the same; and (ii) Cancellation of the Service by Us post enrolment, without assigning any reason.|
|4.1||Our Services are to be used only for their intended purpose, and are not to be misused in any manner, including for undertaking fraudulent transactions, impersonation, etc.|
|4.2||You warrant that You are using the Portal on Your own initiative and that You are responsible for compliance with any and all applicable laws.|
You shall use the Portal only for its intended purposes in a bona fide manner. You shall not:
(b) Attempt to or gain unauthorized access to any portion or feature of the Portal including accounts, or any other systems or networks connected to the Portal or to
any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;
(c) Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to You;
(d) Probe, scan or test the vulnerability of the Portal or any network connected to the Portal or Services or breach the security or authentication measures on the Portal
or any network connected to the Portal;
(e) Extract data from the Portal;
(f) Attempt to circumvent the regular operation of the Portal, or reduce the fees or consideration that Wemay derive from the Portal by any means including by creating
multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
(g) Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
(i) Make any statement(s) or comment(s) on the Portal which is/are inaccurate, false, unfair or defamatory to Us or other users or which violates the legal right of others.
Further, You agree not to upload, host, display, publish, share or otherwise make available on the Portal any content or information that:
(a) Belongs to another person and to which You do not have any right to;
(b) Contains any content which is non-compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made there under, including Rule 3 of
(c) Infringes any intellectual property rights of any third party.
|4.5.||You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the Portal or the Services.|
|4.6||You will be responsible for payment of taxes and complying with any applicable laws in relation to any interest or dividend earned by You.|
Upon receiving admission, You will be bound by the general terms and conditions of the Program(s), as stipulated in Annexure B of these Terms and Conditions
(“ General Terms and Conditions”).).
|5.1||If at any time, You make any submissions via or on the Portal, including but not limited to suggestions, feature ideas, bug reports, comments, You assign all rights in these submissions to Us. Here after, We shall be entitled to use the submissions for any purpose whatsoever, without compensation to the maker of the submission. In any event, such submissions are not and will not be treated as confidential and We shall not be liable for any disclosure of the submissions.|
|5.2||All intellectual property in the Portal, and in the proprietary material, content and information made available on the Portal including the graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the Portal and the underlying software code belong to Us.|
|5.4||IFBC owns, solely and exclusively, all rights, title and interest in and to the Portal, as well as the content which includes audio, photos, illustrations, graphics, visuals, video, software, code, date, texts, codes, data and materials (here inafter referred to as the “Content”), thereon; the look, feel and design of this Portal; the organization, structure, compilation of the Contents of the Portal; data and materials on the Portal, including but not limited to any copyrights, trademark rights, other intellectual property and proprietary rights therein.|
|5.5||The use of this Portal does not grant any ownership, license or other right to use over any Content accessed by You. Any copy, reproduction, use, distribution, publication or exploitation of the Portal, or the Content on the Portal whether commercial or otherwise, is strictly prohibited unless you have received Our-express prior written permission.|
|5.6||No reproduction of any part of the Portal may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, in any manner whatsoever.|
|5.8||If you make unauthorised use of the Portal, or itsContent, you may violate the Intellectual Property laws of India and/or other countries and may be subject to liability for such unauthorised use. We will be entitled to seek protection/enforce its Intellectual Property Rights in relation there to by any means available under law including by obtaining injunctive reliefs.|
|5.9||You acknowledge that We have sole and exclusive copyright in the dance routines (being dramatic works under the Indian Copyright Act, 1957), and that You are restricted from videotaping a dance routine, sharing it with third parties, including via social media, without prior written permission from Us, and with adequate attribution to Us for such dance routines. By joining our Program, You here by vest and grant all intellectual property rights in Our favour arising out of any dance routines developed by You by virtue of the dance lessons, or on the basis of routines learnt via Our Program.|
|8.||DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES|
|8.2||You here by confirms that the student seeking admission through the Portal has been advised by a competent medical examiner that he/she is medically, mentally and physically fit to participate in IFBC Program, and shows and that he/she has no physical or mental conditions that may affect his/her ability to do so.|
|8.3||It is expressly understood by You that it is not compulsory to participate in IFBC Program and/or to perform at the various events conducted by IFBC. You expressly confirm and state to Us that You have voluntarily chosen to participate and/or perform out of Your own free will and not under any kind of pressure of IFBC, its representatives, instructors, employees, or anyone whatsoever to do so.|
|8.4||You understand, acknowledge and accept that the participation in the Program and/or shows is a strenuous physical activity and may involve risk of accident, injury to Your person or property or loss of life. Incase of any accident, injury, loss of life or harm of any nature to You, Your parent, guardian, relative or friend at or around the class or show venue, You expressly agree and acknowledge that We shall not be responsible and /or liable for the loss, injury, loss of life, harm or damage caused and You shall further be liable to Us for all the loss and/or damage suffered by Us and/or Our representatives, instructors, employees, etc. by virtue thereof.|
|8.5||Not with standing the above, in the event of any injury or other medical conditions that You may experience during any of the Program or shows, You authorise Us to administer or procure the administration of medical treatment as deemed fit by qualified medical personnel if he/she is not able to act on his/her own behalf and agrees not to make any claim against Us and/or such medical practitioners, whether for negligence and/or malpractice or otherwise. You further agree and acknowledge that You will be exclusively liable and responsible for all costs, expenses and claims resulting from such medical attention provided, and shall reimburse to Us any sums expended by it in this regard.|
|8.6||You shall further indemnify Us in respect of any claims, demands, losses or decrees, orders or awards that may be made against Us and/or Our representatives, instructors, employees etc. in this regard. You shall further indemnify Us for all losses, damages and injury caused, resulting from or in any way attribute to nay illness, accident, injury of any of the members of IFBC occasioned by any act or omission of Yours.|
|8.7||We reserve the right to reject Your participation in any Program and/or shows for reasons of inability/behaviour endangering Your safety/welfare and /or of others. No refunds will be made to You on account of such rejection or Your own inability to so participate therein.|
|8.8||Our Program(s) and shows may be covered by the media, including by way of photos or videos of Our-students (and may include minors and women). Your enrolment for Our Services confirms that You have no objection to the same and will co-operate with Us for all such publicity/television and media coverage. You confirm and acknowledge that you will not hold Us liable for any loss, injury etc. arising out of or in connection with such third party documentation/dissemination of such information.|
|9.||AVAILABILITY OF PORTAL OR SERVICES|
The Portal and Services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:
(a) The Portal will be constantly available or available at all. We shall have no liability to You for any interruption or delay in access to the Portal or Services availed
through it, irrespective of the cause;
(b) The information on the Portal or given through Services is complete, true, accurate or non-misleading;
(c) That the Portal is secure or free of viruses, Trojans or other malware; or
(d) The contents of the Portal do not infringe any intellectual property rights.
|9.2||We reserve the right to modify the Portal, Our technology and the basis on which admission lists are generated from time to time. This may vary the results that You derive by using the Portal.|
|10.1||We reserve the right to store and retain any and all Information provided by You including the Services used, information, account details and other details to comply with applicable laws.|
|11.||THIRD PARTY LINKS|
|All third party advertisements, hyperlinks or other redirection tools on the Portal which take You to content operated by third parties are not controlled by Us and do not form part of the Portal. We are not liable for any loss or harm that occurs to You as a result of such sites.|
|12.||SEVERABILITY AND WAIVER|
|13.||GOVERNING LAW AND JURISDICTION|
|14.1||All disputes arising from or in connection with this Agreement shall be settled amicably between the Parties. If within 30 days of a dispute arising the same is not resolved amicably, the dispute shall be referred to and finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, presided over by a sole arbitrator appointed mutually by the Parties failing which it shall be appointed by the High Court of Delhi. The seat of arbitration shall be Delhi, India. The arbitration proceedings shall be held at Delhi. The arbitration proceedings shall be conducted in the English language.|
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Customer Relationship Manager are provided below:
You may write to him/her at the following address:
241, Lower ground floor, West and Marg Saidulajab New Delhi 110030.
Email him/her at:firstname.lastname@example.org
Phone: (011) 46666451.
|Please contact Us for any questions or comments (including all inquiries related to copyright infringement) regarding this Portal.|
|17||This document is an electronic record under the Information Technology Act, 2000 and the rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.|
|19.||RELATIONSHIP BETWEEN IFBC AND THE USERS|
|19.1||Use of the Portal does not create any association, partnership, joint venture or relationship of principal and agent, master and servant or employer and employee between You and IFBC.|
|20.1||We shall not be liable for any delay, failure or cancellation of admissions sought through the Portal or for any loss, damages or prejudice suffered due to any reason entirely attributable to an error or gross negligence of Our Service providers.|
|ANNEXURE – A|
|GENERAL TERMS AND CONDITIONS|
1. You must wear appropriate dance wear to each class.
2. You must carry Your fee receipt and identity card for all the classes and may be refused entry to the venue or class if You fail to produce the same when requested.
3. If You have a medical condition and are required to take prescribed medication in the event of medical condition occurrence, You are requested to always keep prescribed medicines
with You along with detailed instructions about the medical condition and prescription. We will NOT administer any medication in these circumstances. Also, in case of any medical
condition, You must submit to the instructor, a NO OBJECTION certificate from a medical practitioner, stating that You are fit to attend the dance classes/perform at the show/s.
4. We will NOT be responsible for any loss or theft of any valuables in class and/or at the performance event.
5. You shall not reproduce, use or transmit in any form, any of the exercises, dance routines taught to them in class, in part or in whole for any commercial or other purposes unless
allowed by Us in writing.
6. Classes missed will not be made up except if cancelled by Us. If a class is rescheduled, You will be informed in the previous class about the same.
7. If a particular class has less than 5 students, We reserve the right to cancel the batch or merge the batch with another batch.
8. You will not be promoted to the next level, if You miss more than 4 classes in a batch.
9. In case of any natural calamity or an unforeseen event, We may not be able to inform all the students regarding the cancellation of class/shows/any event conducted by Us for that
particular day/period of time. You are requested to call the local office and enquire about the same.
10. Costumes and props will be provided by Us and are not included in the fee for the workshop. You will have to pay for Your own costumes and props.
11. The above rules, dates, presentation timings etc are all subject to change. You will be given prior notice for any such changes.
12. Our decision in all matters will be final and binding on You.
13. Credit Note/Refund charge of Rs.500/- will be applicable. This charge will not be applicable if the course is cancelled by IFBC.
14. Refund amount will not be credited directly to the students account. The amount will be given by cheque.
|1.||INTRODUCTION TO THE POLICY|
|1.1.||Imperial Fernando Ballet Company Private Limited (CIN U92190DL2010PTC206964) (the "Company") is committed to maintaining security and privacy of your IFBC (as defined below) and takes great care in complying with the requirements of the Information Technology Act, 2000 and the rules there under, as may be amended from time to time.|
|1.2.||This Policy outlines the security practices and procedures of the Company with respect to Personal Information, including IFBC, of Applicants and Participants(all of which are defined below) ollected by the Company, either directly or through any of its affiliates or vendors.|
|1.3.||The Company may access or process information about applicants or participants of IFBC and its subsidiaries, affiliates and authorized representatives for the time being The handling of such information shall be governed by relevant privacy policies and/or statements of the respective entities, and every Employee must comply with those policies and/or statements in connection with such information.|
|2.||APPLICABLE LAW AND DEFINITIONS|
This Policy has been drafted pursuant to and in compliance with the following:
(a) Section 43A of the Information Technology Act, 2000;
(b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“IFBC Rules”); and
(c) Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
For the purposes of this Policy, the following capitalized terms shall have the meaning assigned to them below:
“ Applicant” shall mean any individual seeking admission in the programs / shows of the Company;
“ Applicant Information” shall mean information, including but not limited to, the Applicant’s name, address, phone number, identity proof, experience statement, formal educational certificates/documents, references, medical information and any other information considered relevant by the Company for considering the Applicant’s application;
“ Participant” shall mean any individual who is a current or ex-participant of the classes/programs/shows of the Company;
“ Participant Information” shall mean information, including but not limited to, the Applicant’s name, address, phone number, identity proof, experience statement, formal educational certificates/documents, references, medical information and any other information considered relevant by the Company for considering the Applicant’s application;
“Participant” shall mean any individual who is a current or ex-participant of the classes/programs/shows of the Company;
“ “Participant Information” shall mean information, including but not limited to, the Participant’s name, address, phone numbers, date of birth, age, experience statement, references, bank account details, credit scores, identification proofs, medical records and history, appraisal, feedback, details of family members/dependents (including their name, address, date of birth, identification proofs, medical records and history) and any other information that (a) the Company considers relevant to admissions for its classes/programs/shows, or (b) satisfies government reporting regulations or is required for compliance with applicable law;
“ “Information” shall mean Applicant Information and Participant Information, collectively;
“Infrastructure” shall mean the Company networks, devices, costumes, props etc. provided to you by the Company for the purpose of participating in the classes/programs/shows;
“ Personal Information”with reference to any natural person, is defined under the IFBC Rules to mean any information that relates to such person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying that person;
“ Sensitive Personal Data or Information (IFBC)” is defined under the IFBC Rules to mean Personal Information about a person relating to their:
(b) financial information (e.g., bank account, credit or debit card or other payment instrument details);
(c) physical, physiological and mental health condition;
(d) sexual orientation;
(e) medical records and history;
(f) biometric information;
(g) and any detail relating to the above as provided to a company for providing services or, storing or processing such information.
Any information available in the public domain or information which can be obtained by a governmental agency under the Right to Information Act, 2005 (legislation which requires public authorities to disclose certain kinds of information) or any other law in force is excluded from the definition of IFBC.
Additionally, for the purpose of this privacy (“Policy”), “We”, “Us”, “Our” and the “Company” shall mean Imperial Fernando Ballet Company Private Limited “You” or “Your” shall mean the Applicant, the Participant or any person whose Personal Information, including IFBC, We collect or have in our possession. In the event Your are legally “incompetent to contract” under the Contract Act, 1872, ‘You’ or ‘Your’ shall mean the concerned parent or guardian, as the case may be.
|3.||INFORMATION COLLECTED AND THE METHOD OF COLLECTION|
|3.1.||We reserve the right to amend all or any of the terms of the Policy at our sole discretion without any prior notice. Your continued interest in seeking admission or your continued participation with our Company following any such amendment indicates your acceptance of such amendment.|
|3.2.||Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service, etc.|
|3.3.||We cannot ensure that all of Your IFBC will never be disclosed in ways not otherwise described in this Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect that Your IFBC or private communications will always remain private.|
|You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of Information by You to any other Applicant, Participant, third parties, unless required under law.|
|Each clause of this Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Policy. The decision or declaration by a court of competent jurisdiction, that one or more of the clauses are null and void shall have no effect on the remaining clauses of this Policy.|
|6.||GRIEVANCE REDRESSAL OFFICER|
|In order to address any discrepancies, grievances and/or feedback that you may have in relation to this Policy there is a designated “Customer Relationship Manager”, whose name and contact details are as below:|
Tel: (011) 46666451.