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If you agree, click the "I
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CONDITIONS
1. General :
1.1 These Terms & Conditions govern your use of nib.edu.kh
Environment (the "Service"), an Internet subscription
service operated by the above. The Service consists of computing
and information services and software, information, interactive
forums and other content provided by nib.edu.kh . In addition,
third parties provide information, software and other content
("Third Party Content") which may be accessed over
the Service.
1.2 Your participation in
the Service is conditioned upon your acceptance of the terms
and conditions contained in this agreement. Please read the
following terms and conditions and indicate your acceptance
by clicking on the "Register" hyperlink under the
Registration Section of the Web. nib.edu.kh , reserves the
right, in its discretion, to change or modify all or any part
of this Agreement at any time. Such changes or modifications
shall be effective immediately upon notice published on the
Service. Your continued use of the Service constitutes your
binding acceptance of these terms and conditions, including
any changes or modifications made by nib.edu.kh as permitted
above.
2. Use of service
content
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, and
other material (collectively, the "Content") that
is protected by copyright, trademark or other proprietary
rights of NIB or third parties. All Content on the Service
is copyrighted as a collective work of NIB pursuant to applicable
copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. The Content
is intended for the personal, noncommercial use of the registered
subscribers of the Service.
2.2 You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit,
any of the Content, in whole or in part, except as otherwise
expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered unless
specifically authorized by the owner of the software's patent
and/or copyright.
2.3 You shall not download
or copy the Content. You shall not store electronically any
significant portion of any Content. Except as expressly permitted
by the copyright laws, no copying, storage, redistribution
or publication of any Content is permitted without the express
permission of NIB or the owners of such Content or their authorized
persons, if other than the above. You may upload to or download
from the Service any Content in the public domain for your
own personal use or for non- commercial redistribution. You
assume all risk and responsibility for determining whether
any Content is in the public domain, regardless of any notices
which may be posted on such Content.
2.4 You grant to NIB the
right to edit, copy, publish, distribute, translate and otherwise
use any Content that you place on the Service, in any medium.
You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
3. Service rules
of conduct
You shall not upload to, or distribute or otherwise
publish through, the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive
features, (c) violates the rights of others, such as Content
which infringes any copyright, trademark, patent, trade secret
or violates any right of privacy or publicity, or (d) otherwise
violates any applicable law. You shall not use the Service
for any commercial purpose and shall not distribute over the
Service any advertising or solicitation of funds or goods
and services. In addition, you shall not use the Service to
solicit subscribers to join other online information services
which are competitive with the Service.
4. Managing content
NIB not and cannot review the Content posted by subscribers
of the Service and is not responsible for such Content. However,
NIB reserves the right to delete, move, or edit any Content
(including messages posted in any forum) that it may determine,
in its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all
Content posted by you or by any other person using your account.
NIB shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine
in its sole discretion.
6. Registration;
subscriber qualifications
6.1 As part of the registration process, you will
be given a password and fill in certain information about
yourself. You must provide accurate, complete, and current
registration information and you agree to provide NIB with
any to that information promptly after such changes occur.
6.2 Your right to use the
Service is personal to you and cannot be transferred to any
other person. You must not share your password with others,
and allow them to use the Service through your account, subject
to your obligations under paragraph 6.3.
6.3 You are responsible for
all use of your account under any password by any person whether
or not authorized by you and for ensuring that all use of
your account complies with this Agreement.
7. Fees & payments
7.1 You must be a registered student within NIB ,
all service subscription should be paid upfront before you
received your registered student account information (logon
name and password) electronically through your Internet Service
Provider email account upon the approval of our administration.
7.2 You shall be responsible
for obtaining all telephone, telephone access lines, computer
equipment and other products or services necessary to access
and use the Service. You shall be responsible for all charges
associated with accessing and maintaining a connection to
the Service (e.g., charges imposed by an Internet access provider,
or your local telephone company).
8. Indemnity
All officers, You hereby agree to indemnify, defend
and hold NIB , and directors, owners, agents, information
providers, affiliates and licensors (collectively, the "NIB
Parties") harmless from and against any and all liability,
losses, costs and expenses (including attorneys' fees) incurred
by any NIB Party in connection with any claim arising out
of any use or alleged use of your account or password by any
person, whether or not authorized by you. NIB reserves the
right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with NIB
defense of such claim.
The student shall indemnify and hold harmless NIB at all times
against all actions, proceedings, costs, claims, expenses,
demands, liabilities, losses and damages whatsoever including
without limitation for defamation, infringement of intellectual
property rights, death, bodily injury, property damage or
pecuniary losses howsoever arising which NIB may sustain,
incur, suffer or pay arising out of or in connection with
the use of the Service by the student or any act or omission
of the student thereof.
9. Disclaimer of
warranties; Limitation of liability
9.1 Neither NIB nor any provider of third party content
or their respective agents warrants that the service will
be uninterrupted or error free; nor does NIB , any third party
content provider, or their respective agents make any warranty
as to the results to be obtained from use of the service or
the content. The service and the content are distributed on
an "as is, as available" basis. None of I1, third
party content providers and their respective agents make any
warranties of any kind, either express or implied, including,
without limitation. warranties of title or implied warranties
of merchantability or fitness for a particular purpose, with
respect to the service, any content or any products or services
sold through the service. You expressly agree that the entire
risk as to the quality and performance of the service and
the accuracy or completeness of the content is assumed solely
by you.
9.2 Neither NIB , any third
party content provider nor their respective agents shall be
liable for any direct, indirect, incidental, special or consequential
damages arising out of the use of or inability to use the
service, even if such party has been advised of the possibility
of such damages.
10. Definitions
10.1 "This Agreement" means the completed
Application Form (and its attachment(s) and the terms and
conditions herein. "Student" means the person whose
application to enter into this Agreement is accepted by NIB
and includes his successors and permitted assigns. "Access
Service" Under this Service, the student will be provided
with a personal user identification ("UserId") and
a password. The student will use his own equipment and means
(for example, telephone service and modem) to establish connection
to NIB for accessing the service. "Person(s)" includes
individual(s), corporation(s) and unincorporated bod(ies)
of persons.
10.2 Words importing the singular shall include the plural
and vice versa and words importing one gender shall include
the other gender.
11. Commencement
of service
The Service shall commence on the date specified
by NIB in writing in its notice to the student indicating
its acceptance of this Agreement ("Commencement Date").
12. NIB 's rights
NIB shall have the right to manage and control the
access to computer systems and information stored within the
system in a manner deemed appropriate by NIB.
13. Student's obligations
The student shall:- be responsible for the set-up
or configuration of his equipment for access to the Service;
comply with all notices or instructions given by NIB from
time to time in respect of the use of the Service; be solely
responsible for obtaining, at his own cost, all licences,
permits, consents, approvals and intellectual property or
other rights as may be required for using the Service; purchase
at his own expense,any additional reference textbook that
he/she felt so required; comply with the rules of any network
to which the student accesses through the Service; be solely
responsible for all information retrieved, stored and transmitted
through the Service by him; and provide at his own expense,
when so required by NIB , all facilities or resources necessary
for the proper provision of the Service including without
limitation power points, electricity, conduits, pipes, access,
licence, wayleave or easement;
students must meet the minimum entry requirements before they
are eligible to be enrolled in the course, e.g. - PIP or ADCS
students must complete and pass all modules before proceeding
to UOP BSc in Computing final year programme;
14. Prohibited use
The student undertakes:- to comply with all applicable
laws (and shall not contravene any applicable law) of the
Republic of Cambodia relating to Services including without
limitation the Broadcasting and Television Act, Common Gaming
House Act, Computer Misuse Act, Copyright Act, Films Act,
Indecent Advertisements Act, Maintenance of Religious Harmony
Act, Official Secrets Act, Penal Code, Public Entertainment
Act, Telecommunication Authority of Cambodia and the Undesirable
Publications Act;
not to allow any person other than the authorised person named
in the Application Form to use the Service; not to use the
Service for any unlawful purpose including without limitation
criminal purposes;
not to use the Service to send or receive any message which
is offensive on moral, religious, racial or political grounds
or of an abusive, indecent, obscene or menacing nature. not
to persistently send messages without reasonable cause or
for causing any threat, harassment, annoyance, inconvenience
or anxiety to any person; not to infringe any intellectual
property rights of any person or retain information in any
computer system or otherwise with an intention to do so; not
to gain unauthorised access to any computer system connected
to the Internet or any information regarded as private by
other persons; and not to share the Service with any person
without the prior written approval of NIB and shall use the
Service only for the purpose for which is subscribed.
* One may be faced with legal action if there are any use
of profane and vulgar language, libelous and slanderous statements
in the chat rooms and discussion rooms as they are strictly
prohibited.
15. Security and
other features
15.1 The student shall take all such measures as
may be necessary to protect the secrecy of his UserId and/or
password and shall not reveal the same to any other person(s).
15.2 Where a UserId is necessary to access the Service, the
student shall use only his own UserId.
15.3 The student acquires no rights to any UserId assigned
to him by NIB and except as otherwise proved herein, NIB reserves
the right to change or re-assign the same to the student at
its sole discretion without being liable to the student in
damages or otherwise.
16. Termination of
service
16.1 Either NIB or the student may terminate this Agreement
by giving prior notice in writing of 30 days to the other.
16.2 NIB may in its sole discretion waive or accept in writing
a shorter period of notice from the student than those referred
to in clause 16.1.
16.3 Notwithstanding clause 16.1, NIB may terminate this Agreement
with immediate effect:-
if in the opinion of NIB
, the student has breached any of the terms or conditions
of this Agreement (including without limitation clauses 6
and 7);
the student has provided any false or incomplete information
to NIB ; or
if in the opinion of NIB or any regulatory authority, it is
not in the public interest to continue providing the Service
to the student for any reason.
17. Suspension of
service
Without prejudice to any other rights or remedies
of NIB and notwithstanding any waiver by NIB of any previous
breach by the student, NIB may suspend the Service or any
other service provided by the above in the event that any
monies payable by the student for the Service or that other
service is not settled in full or any deposit or increase
thereof required by NIB is not paid by the student.
18. Disclaimer
18.1 NIB shall not be liable to the student for any
cost, claim, liability, expense, demand or damages whatsoever
(including any loss of profits, lost savings or incidental
or consequential damages), arising out of the student's use
of or inability to use such software, even if NIB or any of
its authorised representative has been advised of the possibility
of such damages, or for any claim by any other person whomsoever.
18.2 While every care is
taken by NIB in the provision of the Service, NIB shall not
be liable for any loss of information howsoever caused whether
as a result of any interruption, suspension, or termination
of the Service or otherwise, or for the contents, accuracy
or quality of information available, received or transmitted
through the Service.
19. Confidentiality
The student shall not divulge or communicate to any
person (other than those whose province it is to know the
same) or use or exploit for any purpose whatsoever (other
than that contemplated in this Agreement) any confidential
information which may or may have come to his knowledge by
reason of or in connection with this Agreement, and shall
use all reasonable efforts to prevent his employees, officers,
agents and consultants from so acting, except where the prior
written consent of NIB is obtained or where required to be
disclosed pursuant to any applicable law or legal process
issued by any court or the rules of any relevant regulatory
body.
20. Variation
20.1 NIB reserves the right to amend the terms and
conditions contained herein at any time upon notice (in such
form as may be determined by NIB ) to the student.
20.2 Without limitation to the generality of the foregoing,
this Agreement is deemed to be varied to the extent that the
student requests for any variation in the Service and such
is agreed to in writing by NIB .
21. Assignment
The rights and obligations under this Agreement shall
not be capable of assignment by the student without the prior
written consent in writing of NIB , but subject thereto, shall
be binding on and enure for the benefit of his successors
and permitted assigns.
23. Governing law
and Jurisdiction
This Agreement is governed by the laws of the Kingdom
of Cambodia and the student and NIB hereby submit to the exclusive
jurisdiction of the Cambodia courts.
24. Payment Of Services
24.1 All required payments for services must be made
in advance before commencement of the course. Payment can
only be refunded before the Password is issued. Processing
Fee of USD800.00 and registration fee of USD30.00 are non-refundable
or transferable.
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