Cancellation and Refund of Fee/Charges once made by filling the Membership Forms with credit card details etc., at User’s request, shall not be allowed under any circumstances.
Non- Delivery or late delivery due to mistakes of user:
In case of non-delivery or late delivery due to a mistake by the user (i.e. writing or incomplete name or address or recipient not available), any extra charges incurred for re-delivery shall be claimed from the user placing the requests.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and NISTI (REGD) and you shall have no authority to bind NISTI (REGD) in any manner, whatsoever.
Governing Law and Jurisdiction
This agreement and the relationship between you and NISTI (REGD) shall be is governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the sites/services.
Settlement of Disputes
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the First instance. Unresolved disputes or differences shall be referred to a Sole Arbitrator to be appointed/nominated by NISTI (REGD). The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and any modifications thereon and rules made thereunder and the law governing the same shall be Indian Laws. The Seat of arbitration shall be at New Delhi or at the sole discretion of the NISTI (REGD).
NISTI (REGD) shall have no liability to you for any interruption or delay in access to the Site AND service irrespective of the nature of the cause.
Waiver and Severability
The failure of NISTI (REGD) to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the 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 the Agreement remain in full force and effect.
You shall indemnify and hold harmless NISTI (REGD) and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.