Terms and Conditions

Welcome to Institute of buildings and Surveyors!

These terms and conditions outline the rules and regulations for the use of Institute of buildings and surveyors’ Website, located at www.ni-fs.org.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use the Institute of buildings and Surveyors if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and ““Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and us. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing the Institute of buildings and Surveyors, you agreed to use cookies in agreement with the Institute of buildings and surveyors’ Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Institute of buildings and surveyors and/or its licensors own the intellectual property rights for all material on Institute of buildings and Surveyors. All intellectual property rights are reserved. You may access this from Institute of buildings and Surveyors for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Institute of buildings and Surveyors
  • Sell, rent or sub-license material from Institute of buildings and Surveyors
  • Reproduce, duplicate or copy material from Institute of buildings and Surveyors
  • Redistribute content from Institute of buildings and Surveyors

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Institute of buildings and surveyors does not fIBS Academy, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Institute of buildings and surveyors, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Institute of buildings and surveyors shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Institute of buildings and surveyors reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Institute of buildings and surveyors a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Institute of buildings and surveyors; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to the Institute of buildings and surveyors. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Institute of buildings and surveyors’ logo or other artwork will be allowed for linking absent a trademark license agreement.

IFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

IBS-Academy

1. INTRODUCTION

Welcome to IBS Academy! We are a subscription service that provides our members with access to educational courses over the Internet to certain Internet-connected computers, phones, TVs and other devices (“The Services” or “Our Services”). These Terms of Use govern your use of our service. These Subscriber TERMS OF USE (“Terms of Use” or “Terms”) constitute a binding contract between you (“Subscriber” or “Customer” or “You”) and IBS Academy an Irish corporation (“Company” or “We” or “Us”), regarding the terms under which the Company will provide Subscriber with access to The Services.

BY ACTIVATING YOUR FREE TRIAL OR MEMBERSHIP, SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF USE (“Acceptance”).

Subscriber agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Subscriber. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference.

 

THE PRODUCT – A DESCRIPTION

We describe our products as:

  • Instructor Lead Training [IBS ACADEMY]
  • Delegates are required to attend a location where an instructor delivers the training
  • eLearning [Online training]
  • A delegate can purchase a training activity online, access and complete the course online
  • Distance Learning
  • A delegate can book the product online
  • With distance learning, IBS will send learning materials to the delegate for completion on receipt of full payment
  • Blended Learning
  • A course that is delivered using a combination of all learning delivery methods, i.e. IBS ACADEMY, online and distance
  • Packaged Training Services
  • Any combination of the above services, in a series of training modules specifically created for your own requirements.

Please note that we reserve the right to change the course content of any Training Course at any time and without notice.

  1. THE SALE

The purchase of Training Courses and Training Materials are subject to the following:

  • the prices set out for the relevant product on our website; and
  • the purchase of the Training Courses and Training Materials includes the granting of a non-exclusive, non-transferable licence to use the Training Materials and the Documentation on the terms of such licence, which are set out in the following clause.

Method of Delivery for Training Courses: once your registration for a Training Course has been successfully processed, you will receive an email confirming your seat, name of the course, course timing, and location of delivery.

  1. THE LICENCE

You may:

  • [IF YOU ARE AN IBS ACADEMY CUSTOMER] receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this licence provided that only the delegate of the relevant IBS ACADEMY Training Course may make such use of them.
  • [IF YOU ARE AN E-LEARNING CUSTOMER] download and use the Documents for the purposes of completing the associated course online only either (as agreed between the parties):
  • on one CPU if the Licence is a single-user licence or the Software is for single use; or
  • if the Licence is a multi-user or network licence, by the number of concurrent users agreed between you and us.
  • [IF YOU ARE A DISTANCE LEARNING CUSTOMER] receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this licence provided that only the delegate of the relevant Distance Learning Training Course may make such use of them.
  • [IF YOU ARE A BLENDED LEARNING CUSTOMER] have the same rights as may be appropriate with the three categories above.
  • [IF YOU HAVE PURCHASED PACKAGED TRAINING SERVICES] enjoy all general rights that may be relevant to the specific training packaged for your needs, coupled with a licence to use the materials, the scope of which we have agreed with you when providing the packaged services.
  1. LICENSEE’S UNDERTAKINGS

Except as expressly set out in this Licence you undertake (and you undertake to procure that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):

  • not to copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
  • not to alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
  • to supervise and control the use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;
  • to include the copyright notice of BSI on all entire and partial copies you may make of the Training Materials or Documents on any medium;
  • not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor.
  1. TRANSFERS AND CANCELLATION OF TRAINING COURSES

Delegates may transfer their registration for one course to another course up to 21 working days prior to the original course date. Once a delegate has transferred no refunds can be made for the cancellation of either course. Only one transfer by any delegate may be made.

If you cancel a Training Course: – all cancellations must be made no later than 25 working days before the start of the relevant Training Course. We will only accept cancellations that are made in writing. If a delegate fails to attend a Training Course or a cancellation is sought within the 25 working days prior to the start of such course, full payment will be required.

Refund Policy: if the refund is approved by the Licensor, it will be made through the original mode of payment only. No refunds shall be given for the cancellation of Distance Learning, Blended Learning and Elearning courses no matter when cancellation is notified to us.

If we cancel a Training Course or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.

  1. CONFIDENTIALITY

6.1 With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:

  1. keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor in a Project;
  2. not publish Projects without the express prior written consent of the Licensee; and
  3. disclose know-how, and any other confidential information in Projects, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.

6.2 The Licensor shall procure that the obligations in clause 6.1 are observed by its employees, officers and agents.

6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.

6.4 The provisions of this clause 6 shall not apply to:

  1. Any Project that is required to be disclosed to any third party pursuant to the curriculum of the Training Course in which it was produced, and the Licensee was aware of this requirement at the time of presenting the Project to the Licensor;
  2. Any information which is in the public domain at the date of the presentation of the Project to the Licensor, or which subsequently comes into the public domain other than by breach of this clause 6; or
  3. Any information already in the possession of the Licensor at the date of presentation of the Project, other than under an obligation of confidentiality; or
  4. Any information obtained without any obligation of confidence from a third party that is not in breach of this Clause 6.

6.5 The provisions of this clause 6 shall be deemed effective from the date first presentation of a Project was made to the Licensor and shall remain in full force and effect for 10 years from that date.

  1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.

  1. LICENSOR’S LIABILITY

Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.

The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:

  • loss of income;
  • loss of business profits or contracts;
  • business interruption;
  • loss of the use of money or anticipated savings;
  • loss of information;
  • loss of opportunity, goodwill or reputation;
  • loss of, damage to or corruption of data; or
  • any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
  • except for matters caused by the Licensor’s negligence or wilful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidate’s property or your premises for any courses conducted by the Licensor on your premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party’s any alleged harm, loss or damage caused to a candidate’s person, property, or to your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).

Subject to what is provided above, the Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to Rupees 500,000.

The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the Pakistan and law of the land.

These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.

  1. TERMS OF PAYMENT

Payment can only be made using an authorised credit card at the time of the transaction on our website, or by invoice. Receipts for payment are provided in electronic format.

We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.

Invoices payment terms are 30 days from date of invoice or at least 10 working days before the start of the course, whichever is sooner.

If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances.

  1. TERMINATION

The Licensor may terminate this Licence immediately by written notice to you if

  • you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
  • a petition for a bankruptcy order to be made against you has been presented to the court; or
  • the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).

Upon termination for any reason:

  • all rights granted to you under this Licence shall cease;
  • you must cease all activities authorised by this Licence;
  • you must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
  • you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
  1. TRANSFER OF RIGHTS AND OBLIGATIONS

This Licence is binding on you and us, and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.

  1. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

  1. WAIVER

If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  1. GENERAL

Any notice required or permitted to be given by either party to the other under these terms shall be in writing.

If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.

[The terms are governed by the laws of Pakistan and the parties submit to the exclusive jurisdiction of the courts of Pakistan.]

  1. DISTANCE SELLING REGULATIONS

The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) shall apply where the purchase to which these Conditions apply is made by a Buyer who is a consumer (being someone purchasing Publications outside the course of a business) who will therefore not be able to cancel this Contract under Regulation 10 of the Regulations once the Buyer has with the consent of the Seller commenced performing the Contract by starting to download a Publication.

  1. ENTIRE AGREEMENT

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time.

 

2. GENERAL

The Services enable students (“Students”) to connect to real and recorded instruction, tutoring, and other learning services (the “Courses”). The Services include, without limitation, facilitating and delivering Courses and supporting materials, and taking feedback from Users.

From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when we add new features, and IBS Academy reserves the right in its sole discretion to modify and/or make changes to these Terms of Use at any time. If We make any material change to these Terms of Use, We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice in your online Members Area. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of The Service after changes become effective shall mean that You accept those changes. You should visit The Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.

IBS Academy may modify The Services or discontinue their availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Our Services that involve payment of a fee, then You agree to pay and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide the credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize IBS Academy to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any of The Services pending resolution of any amounts due by You to IBS Academy.

All of your use, access and other activities relating to The Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or the country in which You reside. You must agree to abide by all local rules regarding online conduct and acceptable content.

3. MEMBERSHIP

Your IBS membership will continue until terminated. Unless you cancel your membership before your payment date, you authorize us to charge your membership fee to your Payment Method (see “Cancellation 5.3” below). To use the IBS Academy service you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”).

In relation to per course and/or lifetime memberships or any other form of access excluding subscription membership, IBS reserves the right to terminate membership without refund if your Account is inactive for a continuous period of 60 days or more at any stage subsequent to purchase. Should the user wish to reactivate the lifetime membership they may do so at the rates available at that future time. Activity and inactivity are defined based by a users’ login to either desktop or mobile services determined by IBS Academy.

4. FREE TRIALS

  1. Your IBS Academy membership may start with a free trial. The free trial period of your membership lasts for 30 days, unless otherwise specified, from the start of the lesson you are enrolled in, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
  1. We will bill any Payment Method provided by You for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership end date of your free trial period, visit our website, log into your student account and we will tell you how long you have left in your My Courses page.

5. BILLING

  1. Billing Cycle. The membership fee for our service will be billed on an on a recurring basis in accordance with your membership plan. You will be billed to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change, for example, if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.
  2. Payment Methods. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  3. You can cancel your IBS Academy membership at any time, and you will continue to have access to the IBS Academy service through the end of your billing period. We do not provide refunds or credits for any partial membership periods or unwatched lessons or Courses.To cancel, log in to your Members Area and click on “My Profile” or the icon for your avatar, then locate the cancel button on this page or on the “EDIT PROFILE” page, finally click on “Cancel Membership” and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up to IBS Academy using your account with a third party as a Payment Method and wish to cancel your IBS Academy membership at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the IBS Academy service through that third party.
  4. Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.
  5. For residents within the United Kingdom, you have a statutory right to cancel the purchase of your course within 14 calendar days after the purchase is made for your course. However, if you decide to attend your course by watching the first lesson through your scheduled curriculum or through any lesson recordings, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the course. Should you wish to request a refund within the period as stated above, please contact us at support@shawacademy.com.

6. PASSWORDS & ACCOUNT ACCESS

  1. The member who created the IBS Academy account and whose Payment Method is charged (the “Account Owner”) has access and control over the IBS Academy account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
  1. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the IBS Academy website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, IBS Academy or our partners from identity theft or other fraudulent activity.

7. INFORMATION ABOUT THE COMPANY

IBS Academy is the name of Institute of buildings and surveyors and registered under the security and exchange commission of Pakistan (SECP).

8. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.

Subject to these Terms of Use, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sub licensable right to access that portion of Our Service applicable to Your Subscription type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website or to maintain it in its present form. The Company may upgrade, modify, change, or enhance the Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).

Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to the conduct of Subscribers which rules and regulations are hereby incorporated into these Terms of Use by this reference. The Company reserves the right to deny Subscriber access to Our Service if, in the Company’s sole discretion, Subscriber has failed to abide by these Terms of Use or appear likely to do so.

Subscriber accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.

Subscriber promises, acknowledges and agrees on behalf of itself and any other Subscribers added to their subscription (“Authorized End Users” or “Multi-User Subscriptions”) that:

Access privileges may not be transferred to any third-parties;

It will not access, store, distribute or transmit any Viruses;

It will comply with all applicable laws and regulations with respect to use of the Services;

It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;

It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;

It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;

It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;

It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;

It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or another intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or another third party right, or that is threatening, harassing or malicious.

9. AVAILABILITY OF WEBSITE

Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.

10. THIRD PARTY LINKS OR INFORMATION

This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.

11. DISCLAIMERS OF STATEMENTS/WARRANTIES

SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

12. LIMITATION OF LIABILITY

COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

THIS SECTION APPLIES TO MULTI-USER SUBSCRIPTIONS: IN NO EVENT SHALL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR (II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.

THIS SECTION APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY: IN NO EVENT WILL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.

13. INDEMNITY

Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.

14. SURVIVAL

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

15. CHANGES

Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder, Company has the right to revise and amend these Terms of Use from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the Services following the posting of revised Terms of Use means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.

16. ASSIGNMENT

Subscriber may not transfer these Terms of Use, in whole or in part. Company may transfer these Terms of Use and/or subcontract some or all of its obligations hereunder at any time.

17. INJUNCTION

Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Use may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Subscriber from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.

18. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

19. COMPLETE UNDERSTANDING

These Terms of Use, together with the Privacy Policy & Cookie Policy, constitute the sole and entire agreement between Subscriber and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

EFFECTIVE DATE: May 15.05.2019

Contact us:  Info@ni-fs.org