Updated at 2022-12-26
Terms and Condition
Acceptance of this Agreement
By clicking on the 'SIGNUP' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published,available or provided on www.swivt.edu.np (the "Website"), which is owned, maintained and monitored by Swivt Education Private Limited ("Us", "We" or "Our").
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your user ID and password ("Participant Account") is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement. You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Grievance Officer if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
Content and Courseware
As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Access
The selected courses of access (hereinafter the “Courses”) are brought to you by Swivt Education Pvt. Ltd. (“Swivt Education”). Your access to the said Courses is limited to the extent of self-learning videos and course resources only. Nothing herein shall at any time be construed to mean unhindered or unconditional access to all the features of the said Courses, as may be available upon purchase of the respective Courses.
Your access to these courses shall be limited to such respective number of days, as may be notified against each Course on the date of your enrollment, and shall be revoked at the instance of expiry of the respective number of days. However, Swivt Education at its sole option reserves the right to revoke or extend your access to all contents made available to you at any early instance under the access without any notice or liability.
Upon your enrollment to these courses, no license is deemed to be granted to you for further sale or to utilize the materials for any reuse, reproduction, re-publication for commercial/non-commercial purposes.
All materials provided to you under the access are copyright products of Swivt Education or its partners. Any violation of laws herein, or otherwise, shall make you liable to the maximum extent available under law.
All regular features of the Courses, including exam vouchers and certifications, but not limited to them, shall be available upon a full value complete purchase of the respective Courses only. Upon such full value complete purchase of any of these Courses, your balance of the free access days shall be added onto the number of days that may be generally applicable to the respective Courses. The above terms shall be read along with Swivt Education’s and in the event of any conflicts, the ones stated here shall prevail. Swivt Education reserves all other rights, ‘ingress’ & ‘egress’ with respect to the access, and may extend or forfeit the tenure of this offer at any time.
Return and Refund Policy
We do not offer any refunds for the services provided by us. However, if you are not satisfied with the services provided by us, you can contact us at here
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and
revocable license to use the Website, the Services, and the Content and
Courseware offered through the Website till the time the completion of the
certification training course that You have enrolled for or the termination of this
Agreement according to the Terms and Conditions set forth herein, whichever is
earlier. The Services and the Content and Courseware are provided solely for
Your personal and non-commercial use to assist you in completing the
certification training course You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the Content
and Courseware and may download, save, or print the Content and Courseware
solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast,
disseminate, or prepare derivative works of the Content and Courseware, or any
part thereof, in any manner or through any communication channels or means,
for any purpose other than the Restricted Purpose, without Our prior written
consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the
Services, and the Content and Courseware for the Restricted Purpose as set
forth in this Agreement, You acknowledge and agree that We are the sole and
exclusive owner of the Website, the Services and the Content and Courseware
and as such are vested with all Intellectual Property Rights and other proprietary
rights in the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use
the Website, the Services, and the Content and Courseware for the Restricted
Purpose does not convey to You in any manner or form any right, title or interest
of a proprietary, or any other nature in the Website, the Services, and the Content
and Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and
Courseware are at Your sole risk. We do not warrant that the Website or the
Services or access to the Content and Courseware will be uninterrupted or error
free; nor is there any warranty as to the results that may be obtained from the
use of the Website, the Services or the Content and Courseware or as to the
accuracy or reliability of any information provided through the Website, the
Services, or the Content and Courseware. In no event will We or any person or
entity involved in creating, producing, or distributing the Website, the Services, or
the Content and Courseware be liable for any direct, indirect, incidental, special,
or consequential damages arising out of the use of or inability to use the
Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages
or injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of records or any other material, whether for breach of
contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory,
offensive, wrongful, or illegal conduct of third parties, or other users of the
Website, the Services or the Content and Courseware and that the risk of
damage or injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers,
employees, agents, and licensors, if any, arising out of any kind of legal claim
(whether in contract, tort or otherwise) in any way connected with the Services or
the Content and Courseware shall not exceed the fee you paid to Us for the
particular certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this
Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms
and conditions of this Agreement, will remain in effect till You maintain a current,
fully paid up online Participant Account, or until terminated by Us, whichever is
earlier.
We reserve the right to terminate this Agreement and block Your access to the
Content and Courseware with immediate effect by sending a written notice
through email to You to this effect ("Immediate Termination Date"), if such
termination is made as a result of Your misrepresentation, default, misconduct, or
breach of Your obligations related to or under this Agreement ("Event of
Default"). On the occurrence of any Event of Default, We shall be authorized to
exercise all the rights and remedies under this Agreement or applicable Law or
available in equity to seek indemnification for any Loss or Claim resulting from
any such Event of Default.
The provisions of clause , clause , clause and clause of this Agreement shall
survive the termination of this Agreement.
Indemnity
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Waiver
Neither failure nor delay on the part of any party to exercise any right, remedy,
power, or privilege hereunder shall operate as a waiver thereof, or of the exercise
of any other right, remedy, power, or privilege. No term of this Agreement shall be
deemed waived, and no breach consented to, unless such waiver or consent
shall be in writing and signed by the party claimed to have waived or consented.
No waiver of any rights or consent to any breaches shall constitute a waiver of
any other rights or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of , the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For Participants who are a resident of the U.S.A., this Agreement shall be
governed by and construed in accordance with the Laws of New York and the
courts in New York shall have the exclusive jurisdiction over any matter relating
to, in connection with, or arising out of, this Agreement.
For Participants who are not a resident of the U.S.A., this Agreement shall be
governed by and construed in accordance with the Laws of Nepal and the courts
in Bhairahawa, Nepal shall have the exclusive jurisdiction over any matter
relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without
giving any prior notification to You. We shall however publish the revised
agreement on the Website so that You are aware of the revisions, modifications
and amendments made by Us to this Agreement. You acknowledge and agree
that it is Your responsibility to check the Website periodically for any revisions,
modifications, and amendments. Your continued use of or access to the Website,
the Services, and the Content and Courseware following the posting of any
changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations
mentioned in this Agreement to any third party and You only shall be held liable
for any breach of this Agreement or any terms and conditions hereof.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, Rescheduling Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing Your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.
Grievance Redressal
In case you have any concerns or queries, please reach out to our Grievance
Officer. Our Grievance Officer shall undertake all reasonable efforts to address
your grievances in the shortest possible time. You may contact us at:
○ Grievance Officer:
○ Phone: +9779801482830 (Timings:00 AM to 0:00 PM, - Monday to
Friday, except holidays)
○ Email: support@swivt.edu.np