Terms and Conditions

  1. Introduction

    Ruhcom Enterprises Pvt. Ltd (“Ruhcom”, "Achimo", “we”, “us”, “our”) provides an online course creation platform designed to deliver online courses (the “SaaSInstitute”), as well as an online marketplace (the “Marketplace”) which enables end-users including parents and learners (the “Students”) to connect with independent instructors or institutes (the "Instructors"). The “Instructors,” collectively with "Students", “you” are referred to as “Users”. Instructors provide live sessions, lectures, webinars or pre-recorded instruction and learning content (the “Courses”). Collectively, the “SaaSInstitute” and the “Marketplace” services as well as the “Courses” offered are called “Services” which Services are accessible through https://achimo.in/ and any other websites or mobile applications through which Ruhcom makes the Services available (collectively, the “Sites”), and as applicable for mobile, tablet, and other smart devices, other media managed and application program interfaces (collectively, the “Application”). These Terms of Use are entered into by and between Achimo and its Users, Instructors and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User.

    YOUR USE OF THE SITES, THE SERVICES, RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

    The Sites and Services are offered to you conditioned on your acceptance of these Terms of Use and all terms, conditions, and notices contained herein. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

    YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.

  2. Definition

    In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

    1. "Course Fees" means the amounts that are due and payable by a Student for enrolment of Course.
    2. "Collective Content" means User Content and Achimo Content.
    3. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
    4. "Listing" means Courses that are listed by Achimo as available via the Site, Application, and Services.
    5. "User" means a person or entity, who completes Achimo’s account registration process, including but not limited to Instructors, Institutes, Parents, and Students, as described under "Account Registration" below.
    6. "User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing, User profile or Achimo promotional campaign to be made available through the Site, Application or Services.
    7. "Payment Method" means a payment method that you have added to your Achimo Account, such as a credit card, debit card or net banking.
    8. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Achimo may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
    9. "Achimo Content" means all Content that Achimo makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
    10. "Instructor Fees" means the amounts that are due and payable to an instructor or institute for offering a course.
  3. Modification
    1. Achimo reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. You can do this by dropping an email with subject “Terminate Account” to customersupport@achimo.in
  4. Account Registration
    1. In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account ("Achimo Account") and become a User. You may register to join the Services directly via the Site or Application.
    2. When offered, you can also register to join by logging into your account with certain third-party social networking sites ("SNS") (such as Google, Facebook etc; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Achimo Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Achimo through the Site, Services or Application; or (ii) allowing Achimo to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Achimo and/or grant Achimo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Achimo to pay any fees or making Achimo subject to any usage limitations imposed by such third-party service providers. By granting Achimo access to any Third-Party Accounts, you understand that Achimo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Achimo Account and Achimo Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Achimo Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Achimo's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Achimo Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Achimo makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Achimo is not responsible for any SNS Content.
    3. Your Achimo Account and your Achimo Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Achimo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Achimo reserves the right to suspend or terminate your Achimo Account and your access to the Site, Application and Services if you create more than one (1) Achimo Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
    4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Achimo Account, whether or not you have authorized such activities or actions. You will immediately notify Achimo of any unauthorized use of your Achimo Account.
    5. You agree that you will not share or distribute Collective Content with others without explicit written permission from Achimo.
  5. Relationship Between Achimo, Instructors, and Students

    Achimo provides a platform upon which Instructors may create, offer for sale, and administer Courses to Students in the context of Achimo's online marketplace. Instructors are not employees of Achimo. Achimo is not responsible for interactions between Instructors and Students, as well as among Students and among Instructors, with the exception of providing the technological means through which Instructors may broadcast and otherwise make available their Courses, or Students attend those courses and, at each Instructor’s election, for processing payments through payment gateway. Achimo is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor-Student relationship, Instructor-Instructor relationship and Student-Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor at any time.

    Please note that Achimo assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Achimo reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Achimo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Achimo's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

    If you are an Instructor or an Institute, you understand and agree that your relationship with Achimo is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Achimo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Achimo. Achimo does not control your offline activities. As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Achimo, including by inappropriately using any Achimo intellectual property.

    For Marketplace, Achimo reserves the right to charge the Student before delivery of the Service by the Instructor and reimburse the Instructor post successful delivery of the Service or refund appropriate amount to the Student in case of non-delivery of the Service. This is to ensure that the interests of the Student as well as of the Instructor are protected.

  6. Content, Licenses & Permissions

    Content

    The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Content.” Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”

    User Content is and remains that User’s property, and Achimo’s only right to that User Content is the limited licenses to it granted in these Terms of Use.

    The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Achimo, and is protected under the Copyright Act of India, as amended, and other intellectual property laws of the India and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Achimo.

    Your User Content is your responsibility. Achimo does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Courses. By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. Achimo has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

    Achimo’s Limited License for Use of the Services

    Achimo grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Achimo in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Achimo are reserved.

    Your Limited License of Your User Content to Achimo

    While Achimo does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. For example, when an Instructor makes Course materials available to its Students through the Sites or a Student communicates with an Instructor on a discussion forum, Achimo needs a license from those Users to display their respective Content on the Sites, as well as the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing Content to or through the Sites, each User grants to Achimo, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, irrevocable, worldwide license and right to use, display, publicly perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works of, and otherwise use and exploit such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity.

    If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Our Limited License of Content to Users.

    Achimo’s Limited License of Achimo Content to Users

    Achimo grants to Users a limited, revocable, non-exclusive license to access the Sites and to view the portions of the Achimo Content available to Users on the Sites. For Students, this includes access and use of the Courses and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

    Users may only view and download (if allowed) such portions of the Achimo Content for their own use;

    Users may not modify or otherwise make derivative works of the Sites or Collective Content, or reproduce, distribute, or display the Sites or any Collective Content (except for page caching) except as expressly permitted in these Terms of Use;

    Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Collective Content;

    Users may not use any data mining, robots, or similar data gathering or extraction methods; and Users may not use the Sites or Collective Content other than for their intended purposes. Except as expressly permitted above, any use of any portion of Collective Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites.

    Content Security

    The security of your submitted content and Institute information is important to us. Achimo employs procedural and technological measures to protect your Institute's identifiable information. These measures are reasonably designed to help protect your Institute's identifiable information from loss, unauthorized access, disclosure, alteration or destruction.

    We may use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your Institute's proprietary information.

    Achimo provides following security measures and policies to ensure privacy and protection of institute content data :

    All users have to be first authorized by institutes though student enrollment form which is accessible through Instructor's admin account. Only those users who are authorized by Instructors are provided access to Achimo web site, app or products.

    All submitted content by Institutes are stored in highly secure datacenter and servers. We use secure industry standards like https and SSL to transmit content between Achimo servers and user devices.

    Users will be restricted to access content from a maximum of one device by default.

    Achimo provides a number of configuration options to allow you to implement your privacy guidelines within our products.

  7. Payment Terms
    1. If an enrolment is requested on the Marketplace for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 2 weeks from the date of request for enrolment ("Enrolment Request Period"), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Achimo for the requested enrolment will be refunded to the concerned Student. When Achimo confirms an enrolment requested by a Student, Achimo will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services. For SaaSInstitute, the respective Institute offering the Course reserves the right to decide their payment policy.
    2. The Course Fees payable, wherever applicable, will be displayed to the Student before the Student sends an enrolment request to Achimo. Upon receipt of the Students enrolment request, Achimo may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Achimo will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable.
    3. For Marketplace, Achimo will collect the Course Fees from Students at the time of the enrolment request.
    4. For Marketplace, Achimo agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.
    5. As an Instructor or Institute, you agree that Achimo through its Site or Application would raise a system generated invoice or receipt to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Achimo will raise an invoice for the above which shall be inclusive of all applicable Taxes.
    6. You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Achimo Account. Achimo will collect the Course Fees pursuant to the Payments Terms.
    7. Once you're confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.
  8. Instructor Fees

    Achimo may charge Instructors fees to access certain features and functionalities of the Sites and the Services set to a multi-tiered subscription structure, described on our Pricing page or in separate communication via email. In turn, Instructors may charge Students certain fees for access to their respective Courses. Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. All paid plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email or through our support form. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes Achimo to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until Achimo receives all fees and charges payable by that User and by the corresponding Instructor/Institute if that User is a student. If a User’s payment method fails or its account is past due, then Achimo may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with Achimo and/or retaining collection agencies or legal counsel.

  9. Cancellation and Deletion

    Cancellation

    1. If, as an Instructor, you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When you cancel a paid plan, your account will revert to a Free account and Achimo may disable access to features available only to paid plan users.
    2. If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, either prior to or after commencement of the Course, the cancellation policy contained in the applicable listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to You will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. Achimo will initiate any refunds due pursuant to the Payments Terms.
    3. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Achimo will refund the Course Fees paid by the Student for such enrolment to the applicable Student, minus the taxes, pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

    Deletion

    You may delete your account at any time. Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by Achimo will terminate. In the event of account deletion for any reason, your course content may no longer be available. Achimo shall not be responsible for the loss of such content.

  10. Use of Interactive Areas and the Sites

    The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Sites is non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
    Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
    Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
    Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
    Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
    Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
    Unsolicited promotions, political campaigning, advertising, or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
    Viruses, corrupted data, or other harmful, disruptive, or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in Achimo sole determination; and
    Content that, in Achimo's sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Achimo or its affiliates or Users to any harm or liability of any kind.

    Finally, Achimo has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as “spam.” Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

    Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any Achimo Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Achimo in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property.

  11. Communication on Registered Mobile Number

    Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its wilful consent to receive communication (including commercial communication) in relation to company name. User further confirms that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.

  12. Intellectual Property

    Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it by emailing us at customersupport@achimo.in

  13. Taxes
    1. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set and displayed on the Site.
  14. User Conduct
    1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
      1. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
      2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
      3. access or use our Site, Application, Services expose or allow to be used or exposed, any Achimo Content: (i) that is not publicly displayed by Achimo in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Achimo’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Achimo's users or any other third party;
      4. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Achimo endorsement, partnership or otherwise misleads others as to your affiliation with Achimo;
      5. dilute, tarnish or otherwise harm the Achimo brand in any way, including through unauthorized use of Collective Content, registering and/or using Achimo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Achimo domains, trademarks, taglines, promotional campaigns or Collective Content;
      6. copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
      7. Infringe the rights of Achimo or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right.
      8. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
      9. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      10. use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
      11. "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Achimo Student;
      12. register for more than one Achimo Account or register for an Achimo Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
      13. contact another User for any purpose other than asking a question related to an Enrolment, Course, Listing, or the User's use of the Site, Application and Services;
      14. recruit or otherwise solicit any User to join third-party services or websites that are competitive to Achimo, without Achimo's prior written approval;
      15. recruit or otherwise solicit any User to join third-party services, applications or websites, without Our prior written approval;
      16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
      17. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
      18. use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Achimo's provision of the Services or for any other reasons;
      19. violate these Terms or Achimo's then-current Policies and or Standards;
      20. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
      21. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
      22. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
      23. use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Achimo's name, any Achimo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Achimo's express written consent;
      24. access, tamper with, or use non-public areas of the Site, Application or Services, Achimo's computer systems, or the technical delivery systems of Achimo's providers;
      25. attempt to probe, scan, or test the vulnerability of any Achimo system or network or breach any security or authentication measures;
      26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Achimo or any of Achimo's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
      27. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
      28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
      29. advocate, encourage, or assist any third party in doing any of the foregoing; or
      30. accept or make a payment for Course Fees outside Achimo. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Achimo harmless from any liability for such payment.
    2. Achimo has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Achimo may take a range of actions against you, including but not limited to deactivating or cancelling Achimo Account, for a violation of this Section or these Terms.
    3. Achimo may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Achimo or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Achimo, its users, or members of the public.
    4. You acknowledge that Achimo has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
    5. Achimo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Achimo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
  15. Reporting Misconduct

    If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Achimo by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  16. Privacy

    You agree that Achimo’s Privacy Policy (as may be updated from time to time) governs Achimo's collection and use of your personal information.

  17. Additional Terms

    Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

  18. Application License

    Subject to your compliance with these Terms, Achimo grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

  19. Hyperlinks

    The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Achimo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Achimo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

  20. Feedback

    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact Us" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Achimo and you hereby irrevocably assign to Achimo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Achimo's request and expense, you will execute documents and take such further acts as Achimo may reasonably request to assist Achimo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  21. DISCLAIMER

    THE SITES, SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ACHIMO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ACHIMO HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. ACHIMO DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.

  22. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ACHIMO, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ACHIMO SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ACHIMO SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ACHIMO'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ACHIMO OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

  23. Indemnification

    You agree to release, defend, indemnify, and hold Ruhcom and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.

  24. Notices

    Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Achimo (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  25. Governing Law and Jurisdiction; Disputes and Arbitration

    That in respect of any and all disputes relation to, concerning or otherwise arising out of this Agreement, the Parties hereto shall promptly in good faith, negotiate with a view to reach its amicable resolution and settlement, however, if no settlement, is reached within a period of 15 days from the date of disputes, such disputes arising out of or in connection with this agreement shall be adjudicated in accordance with of the Arbitration and Conciliation Act, 1996 and Rules made there under and shall be referred to the Arbitration of a mutually agreed Sole Arbitrator to be appointed by Achimo. The venue of such arbitration shall be New Delhi, India without prejudice to the above, it is clarified that the courts of Delhi alone shall have the jurisdiction to try and entertain any and all suits or other proceedings in respect of, relating to or otherwise arising out of this agreement and the same is being entered upon at New Delhi, India. In case of any dispute or difference between the Parties here relating to or arising out of this Agreement courts at Delhi/New Delhi shall alone have jurisdiction in the manner.

  26. Entire Agreement; Severability of Provisions;

    No Waiver These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, Courses, and Content. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

  27. Changes to the Terms of Use

    Be advised that Achimo may review and update these Terms of Use at any time in our sole discretion and it is each User’s responsibility to keep abreast of those changes. All changes are effective immediately when posted. As such, your continued use of the Sites after Achimo makes changes to these Terms of Use is deemed to be acceptance of those changes, so please check this webpage periodically for updates.

  28. No Waiver

    The failure of Achimo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Achimo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  29. Miscellaneous
    1. Ruhcom shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us
    2. Ruhcom is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Ruhcom’s reasonable control.
    3. You may not assign or transfer these Terms, by operation of law or otherwise, without Ruhcom's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Ruhcom may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    4. Ruhcom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Ruhcom shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Ruhcom or any person firm or corporation having posted information for availability through the Services provided by us.
    6. You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.
  30. Contact Us

    If there are any questions regarding this policy, you may contact us using the information below. Ruhcom Enterprises Private Limited, Email : customersupport@achimo.in

YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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