This website is operated by the Bombay International School Association (“BISA”). The website contains information and material relating to the Bombay International School (“BIS”), including the IB Diploma Programme offered by the school. The IB Diploma Programme of the school is administered by the Education Initiative Trust (“EIT”). BISA and EIT are societies registered under the Societies Registration Act, 1860 and public trusts registered under the Bombay Public Trusts Act, 1950, having their registered office at Gilbert Building, Babulnath 2nd Cross Road, Mumbai – 400 007. The term “BIS” should be read in this document as a reference to BISA and/or EIT as the case may be and/or as the context may require. The terms “BISA” and “EIT” should be read as meaning and including their trustees, Board of Governors, officers and employees.
These Terms of Use, Privacy Policy, Disclaimer and any other terms, appendices, payment policy, and terms of use referred to in any of those documents, constitute a legally binding agreement, as amended, supplemented, varied or replaced from time to time (“Agreement”) between BIS and the “User”, i.e. any natural or legal person (including their heirs, administrators, successors and assigns) who has visited and/or registered themselves on the website.
This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed thereunder, including the Information Technology (Intermediaries Guidelines) Rules, 2011 (as applicable and as amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures. The acceptance of the Agreement, including these Terms of Use is a prerequisite to the usage of the Website and by using the Website in any manner whatsoever, the User confirms his/her acknowledgement and acceptance to the Agreement and agrees to be bound by the same as it would any other contract and/or legally binding agreement.
The use of the Website is available only to persons competent to contract as specified under the Indian Contract Act, 1872 and all persons incompetent to contract, including minors, are ineligible to use the Website. The acceptance of these Terms of Use necessarily implies that the User is not under the age of 18 years and shall not operate the Website, otherwise than through a guardian who is competent to contract. BIS reserves the right to terminate any registration and/or refuse access to the Website if at any time it is discovered that a user is below the age of 18 years and/or otherwise not competent to contract in terms of the Indian Contract Act, 1872.
So long as the User complies with the Agreement, including these Terms of Use, the User is granted a personal, non-exclusive, non-transferable and limited privilege to enter and use the Website.
If at any time, the User does not wish to be bound by the Agreement, including these Terms of Use, the User may reject the same by emailing BIS at webmaster@bis.edu.in. Additionally, any such User is not to use the Website and/or avail of any services provided by it.
BIS reserves the right to unilaterally update, modify and/or improve the Website from time to time. The User acknowledges that the Website shall monitor the usage by the Users from time to time.
Registration of Interest
BIS requires registration for those Users who are interested for admission of their children. For this purpose, the User will be required to provide certain information, including [a] name; [b] email address; and [c] mobile number, and other personal information.
By registering with BIS, the User accepts that:
- the information provided is complete, true and correct;
- it is the User’s responsibility to promptly inform BIS, by emailing BIS at webmaster@bis.edu.in of any change in the aforesaid information; and
- BIS may suspend and/or terminate any User account should it have reason to believe that the information provided is incomplete and/or false and/or an impersonation of any nature whatsoever.
Note: Please add the following at the end of the Form which is mandatory to be clicked prior to the submission of the form: I have read the Terms of Use and Privacy Policy on the website; and I agree and accept the same.
Limitation of Liability
BIS is not responsible for loss of access to the Website and/or its services due to failure and/or delay of network and/or heavy traffic in respect of internet connections and/or any other temporary hardware or software failure.
While BIS takes every effort to ensure the accuracy and integrity of the information provided on the Website, there exists a possibility of human error and/or inaccuracies in the information provided and/or omitted. Any statement by BIS does not constitute a representation, warranty or assumption of liability of any kind.
With respect to the above, BIS (including its trustees and/or Board of Governors and/or employees and/or affiliates and/or agents and/or representatives) shall not be liable for any loss and/or liability resulting, directly and/or indirectly, from this Agreement, delays or interruptions due to electronic or mechanical equipment failures and for reasons of force majeure.
The Website may include external and/or third-party links and it is the responsibility of the User and the User will be deemed to have acquainted himself/herself/itself with the privacy policies and terms of Use of such third-party websites; BIS does not in any manner whatsoever vouch for and/or cannot in any manner be held responsible for the information set out therein.
In certain cases in order to login to your account, the User will be redirected to external pages governed by BIS. In such cases, the present Terms of Use, Privacy Policy and Disclaimer shall be applicable mutatis mutandis.
Indemnity
The User hereby agrees to indemnify, defend and hold harmless BIS, its trustees, Board of Governors, officers and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any violation of this Agreement, including these Terms of Use;
- any violation of the law;
- any violation by the User of the rights of third parties, including infringement of Intellectual Property Rights;
- any activity related to the User’s account, whether by the User himself/herself or any other person and/or entity accessing the User’s account
without the User’s consent, unless such activity was caused by any action and/or omission by BIS.
This provision will survive any termination of this Agreement.
Intellectual Property Rights
All intellectual property on the Website, including but not limited to trademarks, logos, sound, artwork and/or any and/all text, graphics, User interfaces, visual interfaces, and any and/or all media of all types (collectively, “Content”) belongs to BIS, who is the sole and exclusive owner of the same.
Accordingly, Users are cautioned against any unauthorized use of the Content provided on the Website and the User agrees as follows:
- the User shall not copy and/or transmit for commercial purposes, any part of the Website;
- the User is liable to BIS for any unauthorized infringement of the intellectual property rights in the Content by such User.
Breach of the Agreement
In the event that it is discovered that the User has breached any terms and / or conditions of the Agreement, BIS reserves the right to terminate any registration and/or refuse access to the Website if at any time and take such other action (including recourse to legal remedies) as advised.
Modifications
BIS reserves the right to unilaterally make changes or modify and/or change and/or update this Agreement, including the Terms of Use set out herein at any time and from time to time and in any manner whatsoever, without prior notice. The User hereby accepts that his/her continued access to and/or use of the Website post such modifications is deemed to be an acceptance of the same and will bind the User as such.
Prohibited Uses
The User accepts and confirms that he/she shall not use the Website for and/or otherwise undertake any acts that are illegal and/or unlawful and/or malicious and/or any other activities whatsoever that BIS deems to be improper in its sole judgment, including but not limited to:impersonating any person and/or entity; misrepresenting himself/herself; and/or providing any – — information that is inaccurate, misleading and/or fraudulent;
- preventing BIS from, in any manner whatsoever, authenticating the information provided by the User;
- access and/or use (and/or attempt to access or use) the account and/or login credentials of any other User;
- transmit any software and/or any other media that contain any viruses, worms, trojan horses, defects, or other such destructive / malicious software;
- infringe upon the intellectual property rights of the Website in any manner whatsoever, including but not limited to modifying and/or adapting and/or decompiling any portion of the
Website;
- harvest and/or collect information or from other Users of the Website;
- act in a manner that is fraudulent and/or otherwise illegal for any reason whatsoever;
- acting in collusion and/or in connivance with other User(s);
- act otherwise than with complete decorum in his/her/its interactions with BIS and/or its employees and/or agents and/or representatives;
- facilitate and/or encourage any of the aforesaid violations and/or destructive acts.
In all such cases, BIS reserves the right to take such technical and/or legal steps as it deems necessary, including steps to restrain a User from accessing the Website.
Dispute Resolution
If any dispute arises between the parties in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement (including the validity, scope and enforceability of this arbitration agreement) the parties hereto shall endeavour to settle the dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if one of the parties, after reasonable attempts for not less than 30 days, gives a notice of 30 days thereof to the other party in writing.
In case of such failure, the dispute shall be solely and finally settled by reference to arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The Arbitration shall be a fast track arbitration as per Section 29B of the Arbitration & Conciliation Act, 1996
Number of arbitrators – The Tribunal shall consist of a sole arbitrator appointed mutually by the parties.
Place of arbitration – The place of arbitration shall be Mumbai.
Language – The language of arbitration shall be English.
Costs – The prevailing party in any arbitration proceedings shall be entitled to recover its costs (including, without limitation, its legal costs).
The award may be enforced in the manner provided in the Arbitration & Conciliation Act, 1996.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India.
No Partnership / Agency
BIS and the User are independent entities; any and/or all transactions have been entered into by them on a principal to principal basis. Neither party shall have right or authority to assume, create or incur any liability or obligation, express or implied, in the name and / or on behalf of the other party.
Survival
Certain terms of this Agreement will survive the termination of the same, including relating to Indemnity, Limitations of Liability, Dispute Resolution and Governing Law.
Miscellaneous
BIS is not obliged to ensure that the Website is available to all Users at all times. While all attempts will be made to deny access only to those individuals who violate the Agreement and terms of use of the Website, BIS may occasionally be compelled to use methods of access denial that result in a disruption in access for other Users. BIS reserves the right to periodically modify or discontinue, functions and features of the service, with or without notice, without any liability thereof.
BIS reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
Should the User at any time be dissatisfied with the services provided on the Website, as amended from time to time and/or of its contents, the only remedy available to him/her/it would be to discontinue the use of the Website.
