LAST REVISION: 30th October 2021
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, nazarenes.org.in, Our Lady of Nazareth High School and Junior College (“Business Name”), or payments made on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Our Lady of Nazareth High School and Junior College 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 Website. Our Lady of Nazareth High School and Junior College 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 Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Our Lady of Nazareth High School and Junior College encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Our Lady of Nazareth High School and Junior College 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 Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PAYMENTS
Terms of Offer. This Website offers payment of fees. By making a payment through this Website, you agree to the terms set forth in this Agreement.
II. WEBSITE
Use of Website; Our Lady of Nazareth High School and Junior College is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (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 Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Our Lady of Nazareth High School and Junior College or the applicable third party (if third party content is at issue).
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Our Lady of Nazareth High School and Junior College, 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 Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to Our Lady of Nazareth High School and Junior College. When Our Lady of Nazareth High School and Junior College is threatened with suit or sued by a third party, Our Lady of Nazareth High School and Junior College may seek written assurances from you concerning your promise to indemnify Our Lady of Nazareth High School and Junior College; your failure to provide such assurances may be considered by Our Lady of Nazareth High School and Junior College to be a material breach of this Agreement. Our Lady of Nazareth High School and Junior College will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Our Lady of Nazareth High School and Junior College choice at its expense. Our Lady of Nazareth High School and Junior College 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 Our Lady of Nazareth High School and Junior College against any claim, but you must receive Our Lady of Nazareth High School and Junior College 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 Website or Products.
VI. PRIVACY
Our Lady of Nazareth High School and Junior College believes strongly in protecting user privacy and use of data. Please refer to Our Lady of Nazareth High School and Junior College privacy policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or making payments, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. Our Lady of Nazareth High School and Junior College 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. Our Lady of Nazareth High School and Junior College may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Our Lady of Nazareth High School and Junior College and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Our Lady of Nazareth High School and Junior College 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.
This Website originates from the Bhayander, Maharashtra. 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 Our Lady of Nazareth High School and Junior College 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 Website or making payments, 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 Website 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. Our Lady of Nazareth High School and Junior College reserves the right to terminate your access to the Website 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 Website and Our Lady of Nazareth High School and Junior College may, in its sole discretion and without advance notice to you. If your access to the Website is terminated, Our Lady of Nazareth High School and Junior College reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Our Lady of Nazareth High School and Junior College chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Our Lady of Nazareth High School and Junior College makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website 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. Our Lady of Nazareth High School and Junior College may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR MAKING PAYMENTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.