Terms of Service (TOS)

Last modified: Feb 4, 2021

This electronic agreement is generated by a computer system and does not require any physical or digital signatures.

This electronic agreement is generated by a computer system and does not require any physical or digital signatures. These TOS are largely based on Indian Contracts Act, 1872, Indian Information Technology Act, 2000 and Information Technology Act 2000 – Amendment 2008.

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 content creation, training and placement enabling services through its website available at anmcube.com (referred to as “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 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 along with the business units “ANM Learning”, “ANM Recruit” and “ANM Content” and includes any other companies/ subsidiaries/ affiliates. "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. “Creator” shall mean any User who has created an Account on our Portal and seeks to render Services to us or Customers via the Platform. “Customer” shall mean those Users who have sought to avail Services via the Platform.

2. Updation 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, Content and/or Services 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

There shall be primarily five types of Users: B2C users who are here for learning and enhancing skills, B2B users looking for learning and enhancing skills, B2B users looking for trained candidates, B2B content automation, B2C or B2B users who are looking to partner us in content creation. If you are a B2C User who are here for learning and enhancing skills: Our Platform provides you with a unique and systematic automated learning programme preceded by a Training Need Assessment (TNA) and followed by an assessment/ quiz/ test. A system generated certificate shall be issued on the successfully passing the assessment/ quiz/ test. If you are a B2B User looking for learning and enhancing skills: We provide your candidates with a Platform having a unique and systematic automated learning programme preceded by a Training Need Assessment (TNA) and followed by an assessment/ quiz/ test. A system generated certificate shall be issued on the successfully passing the assessment/ quiz/ test. We also provide you a mix of platform and offline learning tailored to your specific needs. If you are a B2B User looking for trained candidates: Our platform provides you with a pool of certified pre-skilled candidates who may be a better fit for your employment needs. If you are a B2B User looking for content automation: We provide you with a solution for automating your training content thereby saving you significant time and money. We can curate content as per the specifications provided by the user. Our endeavor is to keep refreshing and updating the content as per the going industry trends. If you are a B2B/ B2C User looking to provide content creation services: We provide a Platform that allows you to register with us to curate content and/or render content creation services to Customers. Customers who desire to avail content creation services shall reach out to us. Upon receipt of a content creation project (“Project”) from the Customer, we shall allocate the Project to the most suited Creator based on the Creator’s experience, expertise and knowledge area. These assignments will involve putting forth your creative zest to the table as the content should be original and unique as per the specifications or assessment outcome. Additional Sixth Category You are one of the above five users and want to share knowledge, exchange ideas on discuss issues on the forum. This is an exclusive service for the users or subscribers of ANM services listed above.

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 a separate services agreement executed between company and us. Pursuant to this, the designated SuperAdmin of the Enterprise Account shall create individual accounts for authorized members of the company (“Team Account”) with individual login credentials. If you are using a Team Account: You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Should you login to the Platform using such login credentials, it shall be deemed that your Team Account has been accessed by you or any third-party to whom you have granted access to the Team Account. You agree to notify us or the Company immediately if you suspect or become aware of any unauthorized use of your Team Account or any unauthorized access to the password for any Team Account.

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. If you are a Content Provider: In addition to the above, you shall have to provide information regarding your educational background and your experience in providing content creation services. The creation of your Account may also be subject to you obtaining a qualifying score in our mandatory Primary and Secondary (if applicable) Language proficiency test. We reserve the sole right to determine what constitutes the qualifying score in the language proficiency tests. The relationship between the Creator and ANM Cube and all rights, obligations and liabilities associated thereto shall be governed under a Creator Service Agreement. You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Only one Account can be created by one Creator, should ANM Cube become aware of multiple Accounts attributed to the same Creator, ANM Cube reserves the right to at its sole discretion terminate or suspend such Accounts. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.

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

Applicable for B2C Learning: The fee for ANM learning (B2C) can be one time or subscription based as mentioned on the platform on the website and payment shall be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions. Applicable for B2B Learning: The fee for ANM learning (B2B) can be one time or subscription based can be referred from the platform and the website or shall be shared offline (in case of B2B customized trainings). You agree to Pay to us any fees for the Services availed by you in accordance with the pricing and payment plans presented to and agreed upon by you as per the milestones defined in the agreement. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions. Applicable for B2B Recruitment: The fee for ANM Recruit can be one time or subscription based and can be referred from the platform and the website. You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to and agreed upon by you as per the milestones defined in the agreement. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions. Applicable for Content Automation: The fee for ANM Content shall be shared with you upon request and finalization of scope of work. You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to and agreed upon by you as per the milestones in the agreement. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions. Applicable to Creators: The Company shall make payments to the Content Creators as consideration for their services rendered in creating and curating content as per the terms and conditions of the Creator Service Agreements.

9. Refund

You are eligible to apply for refund under following circumstances: B2C Learning If you are not able to access the course content during the agreed upon slot due to technical issue with the platform. In case you find the learning experience not as expected, you can request for a refund. However, we own the discretion for the refund through credit or to the original payment method. At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or Service, you will not be eligible to receive a refund. In case of B2B recruitment, in case the selected candidate leaves the job within 90 days of selection, the recruiter can apply for refund or a free of cost trained replacement of the candidate, at our discretion.

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 learning/ recruitment/ content automation 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 Udemy may not be refunded for cash, unless otherwise specified in the terms included with your TOS or as required by applicable law. If you have multiple saved credit amounts, we may determine which of your credits to apply to your purchase.

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 training, recruitment or enter into a transaction involving any probable Project directly with the Creator. 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 its 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. Contact You

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, libelous, 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 neither guarantees any employment to the job seekers 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 mindset of the user.

22. 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.

23. 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.

24. 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 support resources or contact our support by emailing at connect@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.

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