ANM
Cube's Terms of Service (TOS)
These terms of service govern the use of the website, platform,
content and services offered by www.anmcube.com (website/
platform/ service). You (the user) agree to access the Site, subject to the
terms and conditions of use as set out here. TOS are created largely around the
Indian Contracts Act, 1872, Indian Information Technology Act, 2000 and
Information Technology Act 2000 – Amendment 2008. The website/ company also
endeavours to abide by the International Data Protection Guidelines.
ANM Cube Private Limited, a company incorporated under the
Companies Act, 2013 having registered office at MIIC, MNIT, JAIPUR, RAJASTHAN,
INDIA (|ANM Cube|, |ANM|, |Company| or |we| or |us| or |our|), provides
Assessment, Training and Placement enabling services through its Platform.
The Company requests the User (as defined below) to carefully go
through these terms & conditions (|Terms of Service| or |Agreement| or |TOS|
or |Terms|), prior to accessing the Platform or availing Services (as defined
below) via the Platform. If User continues to browse and use the Platform to
avail Services, User irrevocably and unconditionally is agreeing to comply
with, abide by and be bound by all these obligations as stipulated in this TOS,
which together read with our privacy policy (|Privacy Policy|); and any other
applicable policies referred to herein or made available on the Platform
(collectively referred as |Terms and Conditions|). The Terms and Conditions
shall govern the Company’s relationship with the User in relation to the usage
of the Platform. These Terms and Conditions supersede all previous oral,
written terms and conditions (if any) communicated to User and shall act as a
binding agreement between Company and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS
CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR ITS SERVICES.
1. Definitions
|Company|, |we|, |ANM Cube|, |us|, or |our| means ANM Cube Private
Limited, unless otherwise specified.
|Service(s)| means services provided through the Platform, as
described in further detail under clause 3 below. The Services provided through
the Platform may change from time to time, at the sole discretion of the
Company.
|User| or |You| shall mean any person or entity who is a visitor
on the Platform and/or shall avail Services on the Platform, or his/her
representatives or affiliates who are registered on the Platform.
|Customer| shall mean those Users who have sought to avail paid
Services via the Platform.
2. Update of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions,
which may be updated, amended, modified or revised by us from time to time
with/without notice to you. To ensure that you are aware of any additions,
revisions, amendments or modifications that we may have made to these Terms and
Conditions, it is important for you to refer to the Terms and Conditions from
time to time. The updated Terms and Conditions shall be effective immediately
and shall supersede these. We shall not be under an obligation to notify you of
any changes to the Terms and Conditions. You shall be solely responsible for
reviewing the Terms and Conditions from time to time for any modifications. If
you continue to use the Website after the Updated Terms and Conditions have
been published, it shall be deemed that you have read and understood and accept
the Updated Terms and Conditions. Any reference to Terms of Service, TOS,
Agreement made herein shall refer to the latest version of the Terms of
Service.
3. Service(s) provided to users can
be categorized in two types:
§ Access to Assessments, training and career related forum to the
Job seekers (B2C)
§ Access to assessed candidates, assessments and trainings to
companies and organizations (B2B)
4. Eligibility
By using Platform, you affirm that you are at least eighteen (18)
years of age and are fully able, and competent to enter into the terms,
conditions, obligations, affirmations, representations, warranties set forth in
the Terms and Conditions, and to abide by and comply with the terms stated
therein. Registration of User in the Platform is available only to persons who
can form legally binding contracts under Indian Contract Act, 1872. Persons who
are |incompetent to contract| within the meaning of the Indian Contract Act,
1872 including minors, un-discharged insolvents, or person with unsound mind
etc. are not eligible to use the Platform. By accessing the Website or by
accessing any of the Services or Content on any other Authorized Device, it is
deemed that the User has read and understood and accepted these Terms.
If you will be using the Services on behalf of an organization,
you agree to these Terms on behalf of that organization and you represent that
you have the authority to do so.
5. Enterprise/B2B Account
Registration (applicable to body corporate customer)
In order to avail the Services, you must first complete the
registration process and create an account in the name of the respective
Company (|Enterprise Account|). The terms and conditions associated with the
Enterprise Account will be governed by an executed between company and us.
Pursuant to this, the designated ‘Super Admin’ of the Enterprise Account shall
create individual accounts for authorized members of the company (|Team Account|)
with individual login credentials.
6. User/ B2C Account Registration
(applicable to individual users)
User who are at least eighteen (18) years of age may create an
account if they wish to avail our Services. Any use of our Services by anyone
under eighteen (18) years of age is expressly prohibited and by using our
Services you represent and warrant that you are eighteen (18) years or older.
In order to use the Platform, you have to create an account (|Account|), you
shall provide true and accurate information while creating your Account. The
Information collected while creating your Account will be governed by our
Privacy Policy. You are responsible for maintaining the confidentiality of your
login credentials and are fully responsible for all activities that occur under
your Account. You can create an Account by using your email ID/phone number.
Post entering your details (email ID/phone number) in the Platform, one-time
verification shall be conducted by the Company. Please note that the phone
number provided by you shall be used for WhatsApp and other social media
integration purposes, by creating the Account you hereby agree to us contacting
you over the WhatsApp and other social media interface. Post such verification
the Account shall be created.
7. Platform License
Subject to your compliance with the TOS, Company grants you a
limited, non-exclusive, non-transferable license to view the content of the
Platform solely for your personal and non-commercial purposes. Due to IPR
issues the company does not permit the users to download, modify, edit and
print any content which you are permitted access solely for your use. You have
no right to sublicense the license rights granted herein.
You will not download, use, copy, adapt, modify, prepare
derivative works based upon, distribute, print, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Platform and Services, except as expressly permitted in the TOS. No
licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by Company or its licensors,
except for the licenses and rights expressly granted in the TOS. The Platform
and the intellectual property rights vested therein is owned by the Company.
8. Fees:
The website shall have following options to charge users with
payment modalities as mentioned on the platform:
§ B2C Online Assessments and Training fee
§ B2B Assessments, hiring and subscription fee
9. Refund
A Candidate is eligible to request for cancellation/ refund for
B2C training under following circumstances:
§ If the candidate is unable to access the assessment/ training
content during the agreed upon slot due to technical issue with the platform.
§ In case you find the learning experience not as expected.
However, ANM Cube owns the final discretion for the refund. If
found eligible for refund, the same shall be through ANM credits or to the
original payment method within 2 weeks of the intimation of successful case for
refund to the candidate by ANM Cube.
If the candidate is found to abuse our refund policy, such as a
significant portion of the assessment/ training if taken before request for
refund or in case of a repeated refunded request in past, we reserve the right
to deny the request for refund, ban candidate’s account, and/or restrict all
future use of the Services.
There shall be no refund/ cancellation of the profile sharing fee
for B2B recruitment.
10. Gift and Promotional Codes
We may offer gift and promotional codes across the services
available on the platform. Certain codes may be redeemed for gift or
promotional credits applied to your account, which then may be used to purchase
eligible courses on our platform, subject to the terms included with your
codes. Other codes may be directly redeemable for specific courses or towards
setting off a part of the training fee. These codes and credits, as well as any
promotional value linked to them, may expire if not used within the period
specified in your account. Gift and promotional codes offered by the company
may not be refunded for cash, unless otherwise specified in the terms included
with your TOS or as required by applicable law.
11. Use of Your Information and
Content and other content displayed on the Platform
If you learn, create, transmit, submit, display or otherwise make
available any information while using the Services, you may provide only
information that you own or have the right to use. We may only use the
information you provide as permitted by our Privacy Policy and applicable law.
Please closely review our Privacy Policy for more information regarding how we
use and disclose your personal information. Our Privacy Policy is hereby
incorporated into these Terms of Service by this reference.
We reserve the right to maintain, delete or destroy all
information and materials posted or uploaded through the Services, pursuant to
our internal record retention and/or destruction policies. We (may/may not)
make use of third-party cloud services providers or use our own service
infrastructure for hosting the servers and databases. While we make
commercially reasonable efforts to ensure that the data stored on our servers
is persistent and always available to the User, we will not be responsible in
the event of failure of the third-party servers or any other factors outside
our reasonable control that may cause the User’s data to be permanently
deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information
and may also disclose your related information if required to do so by law; or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws or government requests;
(b) enforce these TOS; (c) respond to claims that any of your usage of the
Platform violates the rights of third parties; (d) detect, prevent, or
otherwise address fraud, security or technical issues; or (e) protect the
rights, property, or personal safety of the Platform, its users, or the public.
12. Non Circumvention
The Customer shall not directly or indirectly attempt to
circumvent, avoid or bypass the intent of the TOS, to avoid payment of fees in
connection with any assessment, training or recruitment. You agree to notify
the Company immediately if a person suggests to you making or receiving
payments other than through the Site in violation of this Section or if you
receive unsolicited contact outside of the Site.
13. Third Party Services
While availing Services, Users may connect with third-party
service providers. The Company is not responsible for, and does not endorse,
any third-party services mentioned on the Platform. It is hereby stated that
Company shall in no way be responsible for any acts or omissions of third
parties. Any transaction, dealings or communication otherwise that the User may
have with such third parties are at the User’s own risk and we make no
warranties, express or implied regarding the quality or suitability of the services
or products of such third-party vendors. You may be redirected to a third-party
website upon clicking on such links, these websites will be governed by its
privacy policy and terms of use. We shall not be responsible for any
transaction or dissemination of information that may take place while accessing
these third-party websites.
14. Non Competitiveness
You will not access the Platform, and/or it’s Services, or the
personal information of other Users, available on the Website in order to build
a similar or competitive website, product, or service.
15. Alerts Provided by the Company
The Company provides you with multiple automatic alerts while
providing Services. You understand and agree that any alerts provided to you
through the Platform may be delayed or prevented by a variety of factors. We
will do our best to provide alerts in a timely manner with accurate
information. However, we neither guarantee the delivery nor the accuracy of the
content of any alert. You also agree that we shall not be liable for any
delays, failure to deliver, or misdirected delivery of any alert; for any
errors in the content of an alert; or for any actions taken or not taken by you
or any third party in reliance on an alert.
16. Company generated contact
You agree that we may contact you through telephone, email, SMS,
WhatsApp or any other means of communication for the purpose of: Obtaining
feedback in relation to Platform or our Services; Obtaining feedback in
relation to any other Users listed on the Platform; Resolving any complaints,
information, or queries by other Users regarding your Critical Content. You
agree to provide your fullest cooperation further to such communication by
Company. By submitting suggestions or other feedback regarding our Services/Platform,
you agree that we can use and share such feedback for any purpose without any
compensation to you and we are under no obligation to give such feedback
confidential.
17. Profile Ownership and Editing
Rights
We ensure easy access to the Users by providing a tool to update
your profile information. We reserve the right to moderate the changes or
updates requested by you and we shall take an independent decision whether to
publish or reject the requests submitted for the respective changes or updates
in your profile. You hereby represent and warrant that you are fully entitled,
under applicable law, to provide information as part of your profile or
otherwise while using our Services, and that no such information breaches any
third-party rights, including intellectual property rights and applicable data
protection laws. Upon becoming aware of a breach of the foregoing
representation, we may modify or delete parts of your profile information at
our sole discretion with or without notice to you.
Excluding Your Account information, you acknowledge that the
Website, the entire content, Services, and all the intellectual property
rights, including copyrights, patents, trademarks, designs, and trade secrets
in relation to the above are solely owned by us.
18. Rights and Obligation relating to
the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts
in the Platform including but not limited to acts mentioned below:
1. violating or attempting to violate the integrity or security of
the Platform;
2. transmitting any information on or through the Platform that is
disruptive or competitive to the provision of our Services;
3. intentionally submitting on the Platform any incomplete, false or
inaccurate information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other device or
mechanism (such as spiders, robots, avatars or intelligent agents) to navigate
or search the Platform;
6. running a coded
script/algorithm on the Platform to extract any information or perform any
activity. All action on the Platform should be done by human interaction, and
machine interaction is strictly prohibited;
7. circumventing or disabling any digital rights management, usage
rules, or other security features of the Platform;
8. Any unlawful activities in the Platform which are prohibited by
laws of India.
9. Upload, post, transmit, publish, or distribute any material or
information that is unlawful, or which may potentially be perceived as being
harmful, threatening, abusive, harassing, defamatory, libellous, vulgar,
obscene, or racially, ethnically, or otherwise objectionable.
The Company shall, upon obtaining knowledge by itself or been
brought to actual knowledge by an affected person in writing or through email
signed with electronic signature about any such information as mentioned above,
be entitled to disable such information that is in contravention of this
Clause. We shall also be entitled to preserve such information and associated
records for at least 90 (ninety) days for production to governmental
authorities for investigation purposes. In case of non-compliance with any
applicable laws, rules or regulations, or the Agreement (including the Privacy
Policy) by a User, we shall have the right to immediately terminate your access
or usage rights to the Platform and Services and to remove non-compliant
information from the Platform. We may disclose or transfer User-generated
information to our affiliates or governmental authorities in such manner as
permitted or required by applicable law, and you hereby consent to such
transfer. In accordance with the applicable laws, we shall transfer sensitive
personal data or information including any information, to any other body
corporate or a person in India, or located in any other country, that ensures
the same level of data protection that is adhered to by us, only if such transfer
is necessary for the performance of the lawful contract between Company or any
person on its behalf and the User or where the User has consented to data
transfer.
We may disclose or transfer User-generated information to our
affiliates or governmental authorities in such manner as permitted or required
by applicable law, and you hereby consent to such transfer. In accordance with
the applicable laws, we shall transfer sensitive personal data or information
including any information, to any other body corporate or a person in India, or
located in any other country, that ensures the same level of data protection
that is adhered to by us, only if such transfer is necessary for the
performance of the lawful contract between Company or any person on its behalf
and the User or where the User has consented to data transfer.
19. Modification
We reserve the right, at any time and in with sole discretion, to
change, modify, or amend the Website (in whole, or in part) or any of its
Services or Content (in whole, or in part), in compliance with the applicable
legal and regulatory framework. You agree that we will not be liable to you for
any change, modification or amendment of the Website or its Services, or any
part thereof.
20. Termination
Termination/ Suspension of Services:
We have the right to temporarily suspend access to the whole or
any part of the Services for any reason whatsoever (including but not limited
to technical/operational reasons) and shall be under no liability to you in
such an event. Further, we may, but shall not be obliged to, give you notice of
any interruption of access to the Service.
We may temporarily suspend access to the whole or any part of the
Services for pre-scheduled maintenance. If you choose to access the Platform or
avail Services during such pre-scheduled maintenance, we cannot guarantee the
availability of the Services and/or functionality of the Platform.
Termination/ Suspension of Accounts:
We may terminate your usage of the Platform at any time for any
reason, including breach of the Terms and Conditions. We have the right (but
not the obligation) to refuse to grant access to Platform. Except for the
rights and license granted in these terms, we reserve all other rights and
grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated,
the User may not continue to use the Platform under the same account, a
different account or re-register under a new account. On termination of an
account due to the reasons mentioned herein, such User shall no longer have
access to data, messages and other material kept on the Platform by such User.
All provisions of the TOS, which by their nature should survive termination,
shall survive termination, including, without limitation, warranty disclaimers,
indemnity and limitations of liability.
21. Disclaimer
The service (including, without limitation, any content) is
provided |as is| and |as available| and is without warranty of any kind,
express or implied, including, but not limited to, the implied warranties of
title, non-infringement, merchantability and fitness for a particular purpose,
and any warranties implied by any course of performance or usage of trade, all
of which are expressly disclaimed. The company and service provider (including)
its directors, employees, agents, suppliers, sponsors and partners nor enhancement
of performance in the user or the enterprise by use of its trainings. Despite
the best attempts of the company, the performance remains a function of the
intellectual capability and improvement mind-set of the user.
22. Feedbacks
The company actively seeks feedbacks to improve its services to
the users and happy to receive evidence based constructive criticism. However,
in case of any targeted negative campaigns run to damage the reputation of the
company, we shall be forced to take legal actions, as deemed appropriate by the
law and as decided by our attorney.
23. Indemnification
You shall defend, indemnify, and hold harmless the Company, its
affiliates/subsidiaries/joint venture partners and each of its, and its
affiliates’/subsidiaries/joint venture partners’ employees, contractors,
directors, suppliers and representatives from all liabilities, losses, claims,
and expenses, including reasonable attorneys’ fees, that arise from or relate
to (i) your use or misuse of, or access to, the
Services and Platform; or (ii) your violation of the Terms and Conditions; or
any applicable law, contract, policy, regulation or other obligation. We
reserve the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with us in connection therewith.
24. Limitation of Liability
To the extent permitted by law, we (and our group companies,
suppliers, partners, and agents) will not be liable for any indirect,
incidental, punitive, or consequential damages (including loss of data,
revenue, profits, or business opportunities, or personal injury or death),
whether arising in contract, warranty, tort, product liability, or otherwise,
and even if we’ve been advised of the possibility of damages in advance. Our
liability (and the liability of each of our group companies, suppliers,
partners, and agents) to you or any third parties under any circumstance is
limited to the greater of one Thousand Indian Rupees (INR 1000) or the amount
you have paid us in the twelve (12) months before the event giving rise to your
claims. Some jurisdictions don’t allow the exclusion or limitation of liability
for consequential or incidental damages, so some of the above may not apply to
you.
25. Support/ Contact us
The Company offers an email-based support system. In case you
require any assistance or support or have any grievance, you may access our
grievance/ support by emailing at crm@anmcube.com. The Company shall revert to
every complaint within 72 hours of receipt of the complaint. Further, the
Company shall take best possible efforts to redress the complaint within thirty
(30) days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address
and attempt to resolve the complaint received in accordance with the standard
policies and procedures adopted by the Company, the User’s
disapproval/discontent with the outcome/mode of redressal shall not be deemed
to mean non-redressal of the complaint by the Company. Any suggestions by
Company regarding use of the Services shall not be construed as a warranty.