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.
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.
<![if !supportLists]>1. <![endif]>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.
<![if !supportLists]>2. <![endif]>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.
<![if !supportLists]>3. <![endif]>Service(s) provided to users can be categorized in two types:
<![if !supportLists]>§ <![endif]>Access to Assessments, training and career related forum to the Job seekers (B2C)
<![if !supportLists]>§ <![endif]>Access to assessed candidates, assessments and trainings to companies and organizations (B2B)
<![if !supportLists]>4. <![endif]>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.
<![if !supportLists]>5. <![endif]>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.
<![if !supportLists]>6. <![endif]>User/ B2C Account Registration (applicable to individual users)
<![if !supportLists]>7. <![endif]>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.
<![if !supportLists]>8. <![endif]>Fees:
The website shall have following options to charge users with payment modalities as mentioned on the platform:
<![if !supportLists]>§ <![endif]>B2C Online Assessments and Training fee
<![if !supportLists]>§ <![endif]>B2B Assessments, hiring and subscription fee
<![if !supportLists]>9. <![endif]>Refund
A Candidate is eligible to request for cancellation/ refund for B2C training under following circumstances:
<![if !supportLists]>§ <![endif]>If the candidate is unable to access the assessment/ training content during the agreed upon slot due to technical issue with the platform.
<![if !supportLists]>§ <![endif]>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.
<![if !supportLists]>10. <![endif]>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.
<![if !supportLists]>11. <![endif]>Use of Your Information and Content and other content displayed on the Platform
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.
<![if !supportLists]>12. <![endif]>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.
<![if !supportLists]>13. <![endif]>Third Party Services
<![if !supportLists]>14. <![endif]>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.
<![if !supportLists]>15. <![endif]>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.
<![if !supportLists]>16. <![endif]>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.
<![if !supportLists]>17. <![endif]>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.
<![if !supportLists]>18. <![endif]>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:
<![if !supportLists]>1. <![endif]>violating or attempting to violate the integrity or security of the Platform;
<![if !supportLists]>2. <![endif]>transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
<![if !supportLists]>3. <![endif]>intentionally submitting on the Platform any incomplete, false or inaccurate information;
<![if !supportLists]>4. <![endif]>making any unsolicited communications to other Users;
<![if !supportLists]>5. <![endif]>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;
<![if !supportLists]>6. <![endif]>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;
<![if !supportLists]>7. <![endif]>circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
<![if !supportLists]>8. <![endif]>Any unlawful activities in the Platform which are prohibited by laws of India.
<![if !supportLists]>9. <![endif]>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.
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.
<![if !supportLists]>19. <![endif]>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.
<![if !supportLists]>20. <![endif]>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.
<![if !supportLists]>21. <![endif]>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.
<![if !supportLists]>22. <![endif]>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.
<![if !supportLists]>23. <![endif]>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.
<![if !supportLists]>24. <![endif]>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.
<![if !supportLists]>25. <![endif]>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 email@example.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.