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.
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:
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.
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.”
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 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.
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.
Users may only view and download (if allowed) such portions of the Achimo Content for their own use;
Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Collective Content;
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.
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.
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.
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.
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.
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 firstname.lastname@example.org
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If there are any questions regarding this policy, you may contact us using the information below. Ruhcom Enterprises Private Limited, Email : email@example.com
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