This website (“site”) is owned and operated by International Institute of Gemology (IIG)(hereinafter referred to as “we,” “us,” or “our”). The use of this Site and the content and information available on this Site (collectively the "Services") shall be subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the "Terms of Use") and elsewhere on this Site. The terms "you," "your", "yours", "member", "members" and "yourself" refer to all visitors/members to this Site. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Site. If you do not agree to these Terms of Use, you should not review information or obtain goods, services or products from this Site.
GENERAL
The service provider is International Institute of Gemology (IIG), with registered address at 901, Panchratna Bldg., Opera House, Mumbai – 04, India (hereafter ‘IIG’), specifically the department ‘Education’, which offers training associated with the identification, Analysis, and quality grading of polished and rough diamonds and other precious stones, jewelry designing (hereafter the ‘Training Course(s)’) at the head office of IIG.
Acceptance to one or more Training Courses is subject to the condition set out herein, including but not limited to receipt of the payments and security deposit. In case of rejection any advance payments made will be reimbursed immediately. IIG provides the Training Courses as described in the brochure, as amended from time to time. The Candidate guarantees that all information provided in their enrolment form is complete, accurate and up-to-date.
USE OF THIS SITE
You agree not to:-
USE OF INFORMATION
We have a privacy policy which sets out how we handle personal data that you may provide or that we may collect, in connection with your access or use of this website. The policy is available on this website. You accept and agree to the terms set out in the policy and consent to the collection, use and disclosure of your Personal Information in accordance with the policy.
USER CONTENT
If this Site permits you to post or upload comments or any other content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you. You understand that all information, content, text, data, messages or other materials, whether posted to the Site or privately transmitted ("User Content") are the responsibility of the person from which the User Content originated. You are responsible for all User Content that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy or completeness of User Content. We do not control User Content, and will not be liable in any way for any User Content, including without limitation for any errors or omissions, or for loss or damage of any kind incurred as a result of the use of any User Content. While we cannot review every communication or information and are not responsible for the content of any User Content, we have the right to delete or edit User Content that we consider, in our sole discretion, to be illegal, abusive, defamatory, in violation of any third party right, or otherwise unacceptable. Unless otherwise specified by you, any User Content is not confidential or proprietary. You hereby grant us, or warrant that the owner of the User Content has granted us, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, sell, reproduce, publish, create derivative works of, display, distribute, and transmit your User Content in any form, now known or later developed, for the full term of any rights that may exist in such User Content, for any purpose whatsoever, and to publish the owner’s name in connection therewith.
TRANSACTIONS THROUGH THE SITE
Payment (Advance): The undersigned agrees to pay an advance payment of at least 25% of the total enrolment fee at the time of enrolment. Any outstanding balance must be paid to IIG two weeks before the start of the Training Course. IIG has the right to refuse access to the Training Course in any case where the outstanding balance has not been paid two weeks before the start Training Course. IIG membership fee of Rs. 1,000/- shall be collected at the time of registration.
Prices: Applicable prices for the Training Courses are those indicated in the latest IIG brochure, excluding taxes, as amended from time to time. The latest brochure and price list can be consulted at IIG reception desk. Prices are valid for a period of 1 month after publication or communication with an IIG representative. In addition, IIG requires a security deposit of INR 10,000 payable in advance, for the coverage of any accidental damage and loss caused during the Training Course.
Cancellation: Cancellation is possible, only in writing, prior two weeks to the start of each Training Course. Only 50% of the Paid Amounts and full security deposit are refundable on cancellation as contractual compensation for administrative costs incurred by IIG, in being understood that full refund will be given in the cancellation was caused by Force Majeure or a denied visa application in which case a full refund will apply. In case of late cancellation for whatsoever reason, whereby IIG does not have the time to find a replacement student for the Training Course, the Candidate will compensate IIG by paying amount equal to the total price of the Training Course.
For any part of the Site that permits you to place orders or otherwise effect transactions with us, additional terms and conditions may be applicable to that transaction and, if so, these additional terms will be displayed on the relevant website. Such additional terms and conditions are without prejudice to these Terms. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with us, you will comply with all such import and export laws and regulations and that you will not import, export or reexport products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws. By entering into a transaction with us through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
CONSEQUENCES OF MISCONDUCT
IIG reserves the right to refuse a candidate to enter in the classroom or to ask the candidate to leave the classroom in case of “misconduct” as there is (but not limited): aggression, theft, drunkenness, poor hygiene, indecency, disrespectful behaviour towards other candidates and/or the teacher, etc. Depending on the situation and the severity of the facts, the suspension can be for the entire duration of the course. This is the unilateral decision of IIG. In any such case (a temporary suspension or a suspension of the entire duration of the course) IIG is not due to refund neither any course fees nor any related costs.
FORCE MAJEURE AND HARDSHIP
In case performance of the agreement is hindered by any situation of Force Majeure (“Force Majeure’) such Performance shall be suspended. Force Majeure includes all situations wherein the performance of the agreement by IIG is, in whole or in part, Temporary or not, hindered by circumstances outside of the control of IIG, even when such situation was foreseeable at the start of the Agreement.
IIG is not obligated to evidence the unforeseeable or uncontrollable nature of the circumstance of the situation of Force Majeure. The Parties will, in such case, take all reasonable steps to limit the consequences of the situation of Force Majeure. In case the situation exceeds a period of two months, the Client has the right to terminate the agreement with immediate effect, without the obligation to reimburse IIG. In case of fundamental changes of the circumstances and/or conditions, not due to any Party and which gravely influences the performance of the contractual obligations of any Party, both Parties agree to renegotiate the terms of the agreement in order to find an amicable settlement and continue the agreement. Parties will strive for a comparable balance between the parties as was in existence at the start of the agreement. In case the Parties cannot reach a consensus on whether or not the performance is gravely influenced as mentioned above, the Parties will appoint a joint expert who (whether or not accompanied by a third party) will verify if such conditions or changes occurred. When no amicable settlement can be reached within one month after one party has requested such settlement by registered written notice, the later has the right to initiate legal proceedings.
USERNAMES AND PASSWORDS
If this Site permits you to adopt or use a username and a password in order to access features of this Site, then you agree to use the Site solely for legitimate purposes. When registering for a username, you agree that you will (i) use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity, (ii) immediately notify us of any unauthorized use of your password, username or the Site, or any other breach of security (send your notice to us via the contact us section of this Site), and (iii) not disclose or share your username or password with any other person. You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your username and password.
DISCLAIMER AND EXCLUSION OF LIABILITY
This Site, the Services, the information on this Site and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its contents, including in relation to any inaccuracies or omissions in this Site, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, no infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that this Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Site will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
Although we use reasonable endeavors to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
INDEMNITY
You agree to defend, indemnify and hold us and our group companies and affiliates and any other party involved in creating, producing or delivering this Site from and against all damages, claims and expenses, including reasonable attorneys’ fees, arising out of your misuse of this Site or of any information taken or obtained from the Site or your transmission of User Content (as defined above) on the Site.
LINKS TO THIS SITE
You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and these Terms of Use will apply to your use of this Site by linking to it.
THIRD PARTY CONTENT, LINKS TO OTHER SITES
We do not have or assume any responsibility for any third-party content that may be available through the Site, and for content linked to the Site or which are linked to from it or referred to. We do not express an opinion about, recommend or endorse such content, and will not have any liability relating to it. Where we link to third party websites, you use such websites on your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you.
INTELLECTUAL PROPERTY RIGHTS
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
Use of Pictures and Video Material: Candidates agree to the use of photographic materials (pictures and videos) for promotional purposes of IIG on the internet, social media, in newsletters and other media outlets for a duration of 5 years after the completion of the Training Course. Candidates have the right to object by sending a written notification of the objection to IIG by email to info@iigindia.com.
Applicability: Notwithstanding any other written agreement, these terms are applicable to each agreement between the Parties and all services, whatsoever or howsoever. The Client has read and approved these terms and conditions. IIG reserves the right to change the T&C at any given time. In case of conflict between these T&C and any other written agreement, the latter shall prevail. The Client accepts the terms and conditions without any prejudice, and with the exclusion of the Client’s own terms and conditions even when communicated at a later date.
Severability: When any of the articles, in whole or in part, of these terms and conditions, are unenforceable or otherwise in conflict with any mandatory legal provision, the validity and enforceability of the remaining articles or the remaining part of respective unenforceable or conflicting article of the terms and conditions shall not be affected. The invalidity of any clause will not result in the invalidity of the entire agreement between parties. Parties agree to replace any invalid clause with a valid clause or clauses which will correspond with the intention of the parties and the spirit of the agreement, as much as possible.
We will not hesitate to take legal action against any unauthorized usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
CHANGES TO TERMS OF USE
These Terms of Use may be modified from time to time. Any modifications to these Terms of Use will be effective upon posting. You should therefore read these Terms of Use before you place any order. Your continued use of the Site after any modifications to the Terms of Use indicates your acceptance of the modified Terms of Use
LOCAL LAWS AND REGULATION
We do not represent, guarantee or warrant that materials on this Site are appropriate or available for use in all countries around the world from which it may be viewed. Access to this Site from countries where its contents are illegal is prohibited. To the extent any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from the Terms and the remainder of the Terms shall be remain in force and effect.
All agreements to which these Terms apply, including all other agreement resulting there from, will be solely subject to Indian law and the exclusive jurisdiction of the courts in Mumbai.
For more information contact:
International Institute of Gemology (IIG), 901, Pancharatna, M
Parmanand Marg, Opera house, Mumbai - 4 | +91 22 49717444 / 93222 62357