Terms and conditions
Welcome to Anybol.com!
These Terms & Conditions (“Terms”) of (a) use
of our website www.anyboli.com (“Website”), our applications (“Application”) or
any products or services in connection with the Application/,
Website/products (“Services”) or (b) any modes of registrations or usage
of products, including through SD cards, tablets or other
storage/transmitting device are between Anyboli Labs Private Limited
(“Company/We/Us/Our”)
and its users (“User/You/Your”).
These Terms constitute an electronic record in
accordance with the provisions of the Information Technology Act,
2000 and the Information Technology (Intermediaries guidelines)
Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy
of the Company (“Privacy Policy”) with respect to registration with us, the
use of the Application, Website, Services and products carefully
before using the Application, Website, Services or products. In the
event of any discrepancy between the Terms and any other policies
with respect to the Application or Website or Services or products,
the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or
Website or the Services or products or registration (with or without
payment/with or without subscription) through any means shall signify
Your acceptance of the Terms and Your agreement to be legally bound
by the same.
If You do not agree with the Terms or the
Privacy Policy, please do not use the Application or Website or avail
the Services or products. Any access to our
Services/Application/products through registrations/subscription is
non transferable.
- Except as mentioned below,
all information, content, material, trademarks, services marks,
trade names, and trade secrets including but not limited to the
software, text, images, graphics, video, script and audio, contained
in the Application, Website, Services and products are proprietary
property of the Company (“Proprietary Information”). No
Proprietary Information may be copied, downloaded, reproduced,
modified, republished, uploaded, posted, transmitted or distributed
in any way without obtaining prior written permission from the
Company and nothing on this Application or Website or Services shall
be or products deemed to confer a license of or any other right,
interest or title to or in any of the intellectual property rights
belonging to the Company, to the User. You may own the medium on
which the information, content or materials resides, but the Company
shall at all times retain full and complete title to the
information, content or materials and all intellectual property
rights inserted by the Company on such medium. Certain contents on
the Website may belong to third parties. Such contents have been
reproduced after taking prior consent from said party and all rights
relating to such content will remain with such third party. Further,
you recognize and acknowledge that the ownership of all trademarks,
copyright, logos, service marks and other intellectual property
owned by any third party shall continue to vest with such party and
You are not permitted to use the same without the consent of the
respective third party.
- Your use of our products,
Website, Application and Services is solely for Your personal and
non-commercial use. Any use of the Application, Website, Services or
products or their contents other than for personal purposes is
prohibited. Your personal and non-commercial use of this
Application, Website, products and / or our Services shall be
subjected to the following restrictions:
- You may not decompile,
reverse engineer, or disassemble the contents of the Application and
/ or our Website and/or Services/ products or modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information or
software obtained from the Application and / or our Website and/or
Services/products, or remove any copyright, trademark registration,
or other proprietary notices from the contents of the Application
and / or and / or our Website and/or Services/products.
- You will not (a) use
this Application and / or our Website and/or any of our product/s or
Service/s for commercial purposes of any kind, or (b) advertise or
sell the Application or any products, Services or domain names or
otherwise (whether or not for profit), or solicit others (including,
without limitation, solicitations for contributions or donations) or
use any public forum for commercial purposes of any kind, or (c) use
the Application and / or Website/our products and Services in any
way that is unlawful, or harms the Company or any other person or
entity as determined by the Company.
- No User shall be
permitted to perform any of the following prohibited activities
while availing our Services:
- Making available any
content that is misleading, unlawful, harmful, threatening, abusive,
tortious, defamatory, libelous, vulgar, obscene, child-pornographic,
lewd, lascivious, profane, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating
and/or harassing another and/or inciting other to commit violence;
- Transmitting material
that encourages anyone to commit a criminal offence, that results in
civil liability or otherwise breaches any relevant laws, regulations
or code of practice;
- Interfering with any
other person’s use or enjoyment of the
Application/Website/Services;
- Making, transmitting or
storing electronic copies of materials protected by copyright
without the permission of the owner, committing any act that amounts
to the infringement of intellectual property or making available any
material that infringes any intellectual property rights or other
proprietary rights of anyone else;
- Make available any
content or material that You do not have a right to make available
under any law or contractual or fiduciary relationship, unless You
own or control the rights thereto or have received all necessary
consents for such use of the content;
- Impersonate any person
or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
- Post, transmit or make
available any material that contains viruses, trojan horses, worms,
spyware, time bombs, cancelbots, or other computer programming
routines, code, files or such other programs that may harm the
Application/services, interests or rights of other users or limit
the functionality of any computer software, hardware or
telecommunications, or that may harvest or collect any data or
personal information about other Users without their consent;
- Access or use the
Application/Website/Services/products in any manner that could
damage, disable, overburden or impair any of the
Application’s/Website’s servers or the networks
connected to any of the servers on which the Application/Website is
hosted;
- Intentionally or
unintentionally interfere with or disrupt the services or violate
any applicable laws related to the access to or use of the
Application/Website/Services/products, violate any requirements,
procedures, policies or regulations of networks connected to the
Application/Website/Services/products, or engage in any activity
prohibited by these Terms;
- Disrupt or interfere
with the security of, or otherwise cause harm to, the
Application/Website/Services/products, materials, systems resources,
or gain unauthorized access to user accounts, passwords, servers or
networks connected to or accessible through the
Application/Website/Services/products or any affiliated or linked
sites;
- Interfere with, or
inhibit any user from using and enjoying access to the
Application/Website/ Services/products, or other affiliated sites,
or engage in disruptive attacks such as denial of service attack on
the Application/Website/Services/products;
- Use deep-links,
page-scrape, robot, spider or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual
process, to increase traffic to the
Application/Website/Services/products, to access, acquire, copy or
monitor any portion of the Application /Website/Services/products,
or in any way reproduce or circumvent the navigational structure or
presentation of the Application, or any content, to obtain or
attempt to obtain any content, documents or information through any
means not specifically made available through the Application/
Website/Services/products;
- Alter or modify any
part of the Services;
- Use the Services for
purposes that are not permitted by: (i) these Terms; and (ii) any
applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdiction; or
- Violate any of the
terms specified under the Terms for the use of the Application
/Website/Services/products.
- By submitting content on
or through the Services (your “Material”), you grant us
a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display and distribute such Material in any and
all media or distribution methods (now known or later developed) and
to associate your Material with you, except as described below. You
agree that others may use Your Material in the same way as any other
content available through the Services. Other users of the Services
may fork, tweak and repurpose your Material in accordance with these
Terms. If you delete your user account your Material and name may
remain available through the Services
- In the preparation of the
Application/Website/Services/products and contents therein, every
effort has been made to offer the most current, correct, and clearly
expressed information possible. Nevertheless, inadvertent errors may
occur. In particular, but without limiting anything here, the
Company disclaims any responsibility for any errors and accuracy of
the information that may be contained in the Application. Any
feedback from User is most welcome to make the Application and
contents thereof error free and user friendly. Company also reserves
the right and discretion to make any changes/corrections or
withdraw/add contents at any time without notice. Neither the
Company nor any third parties provide any warranty or guarantee as
to the accuracy, timeliness, performance, completeness or
suitability of the information and materials found or offered on
Application/Website/Services/products for any particular purpose.
You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any
such inaccuracies or errors to the fullest extent permitted by law.
- Our Website provides Users
with access to compiled educational information and related sources.
Such information is provided on an As Is basis and We assume no
liability for the accuracy or completeness or use or non
obsolescence of such information. We shall not be liable to update
or ensure continuity of such information contained on the Website.
We would not be responsible for any errors, which might appear in
such information, which is compiled from third party sources or for
any unavailability of such information. From time to time the
Website may also include links to other websites. These links are
provided for your convenience to provide further information. They
do not signify that we endorse the website(s). We have no
responsibility for the content of the linked website(s). You may not
create a link to the Website from another website or document
without the Company’s prior written consent.
- The contents of the
Application/Services/products are developed on the concepts covered
in the structured curriculum syllabus prescribed for students of
various courses. The usage of the Application/Services/products is
not endorsed as a substitution to the curriculum based education
provided by the educational institutions but is intended to
supplement the same by explaining and presenting the concepts in a
manner enabling easy understanding. The basic definitions and
formulae of the subject matter would remain the same. The Company
acknowledges that there are various means of delivering structured
curriculum pedagogy and inclusion of methods in the
Application/Services/products does not imply endorsement of any
particular method nor exclusion imply disapproval. Subscription to
the Application or usage of our Services/Website/products does not
in any manner guarantee admission to any educational institutions or
passing of any exams or achievement of any specified percentage of
marks in any examinations.
- Certain contents in the
Application/Services/Website/products (in particular relating to
assistance in preparations for administrative services) may contain
opinions and views. The Company shall not be responsible for such
opinions or any claims resulting from them. Further, the Company
makes no warranties or representations whatsoever regarding the
quality, content, completeness, or adequacy of such information and
data.
- Some parts of the Services
are interactive, and we encourage contributions by Users, which may
or may not be subject to editorial control prior to being posted.
The Company accepts no responsibility or liability for any material
communicated by third parties in this way. The Company reserves the
right at its sole discretion to remove, review, edit or delete any
content. Similarly, We will not be responsible or liable for any
content uploaded by Users directly on the Website, irrespective of
whether We have certified any answer uploaded by the User. We would
not be responsible to verify whether such questions/answers or
contents placed by any User contain infringing materials or not.
- The Company may, based on
any form of access to the Application (including free
download/trials) or Services or Website or registrations through any
source whatsoever, contact the User through sms, email and call, to
give information about its products as well as notifications on
various important updates and/or to seek permission for
demonstration of its products. The User expressly grants such
permission to contact him/her through telephone, SMS, e-mail and
holds the Company indemnified against any liabilities including
financial penalties, damages, expenses in case the User’s
mobile number is registered with Do not Call (DNC) database. By
registering yourself , you agree to make your contact details
available to Our employees, associates and partners so that you may
be contacted for education information and promotions through
telephone, SMS, email etc.
- While the Company may,
based on the User’s confirmation, facilitate the demonstration
of its products at the location sought by the User, the User
acknowledges that he/she has not been induced by any statements or
representations of any person with respect to the quality or
conditions of the products and that User has relied solely on the
investigations, examinations and inspections as the User has chosen
to make and that the Company has afforded the User the opportunity
for full and complete investigations, examinations and inspections.
- Upon registration through
any means whatsoever, the Company may contact You through the
registered mobile number or e-mail or any other mobile number or
contact number or email provided by You to enable effective
provision of Services. The User expressly permits the Company to
contact him/her and the student utilising the Services, through the
above mentioned means at any time post registration. .-. Further,
the Company shall have the right to monitor the download and usage
of the Application/Services/products and the contents thereof by the
User/student, to analyze such usage and discuss the same with the
User/student to enable effective and efficient usage of the
Services. The User expressly permits the Company to clear the doubts
of the student using the Application/Services/online portal by
answering the questions placed before it, providing study plans,
informing of the progress, providing feedback, communicating with
the student and mentoring the student through telephone or e-mail on
express consent of the legal guardian/parent of the User or through
any other forum.
- While the Company has made
efforts to train the personnel engaged in the sales and services
relating to its products to enable quality control, it makes no
warranties or representations whatsoever regarding the quality and
competence of such personnel and would not be responsible for any
deviant behaviour of any such personnel. Any feedback from User
relating to the same is most welcome and Company reserves the right
and discretion to take any action in this regard.
- Access to certain elements
of the Services including doubt clearance, mentoring services etc
may be subject to separate terms, conditions and fair usage policy.
The Company reserves the right to determine the criteria for
provision of various elements of Services to the different
categories of Users based on its policies. Hence, subscription to
the Application/products or registrations do not automatically
entitle the User to any and all elements of Services provided by the
Company and the Company shall be entitled to exercise its discretion
while providing access to and determining continuity of certain
elements of Services. We reserve the right to extend, cancel,
discontinue, prematurely withdraw or modify any of Our Services at
Our discretion.
- The company may conduct
competitions from time to time and you agree to allow the company to
use the submissions by you including but not limited to videos,
written content, craft work etc for promotional purposes. All rights
will be reserved by the company for usage of such submissions by
you. You additionally permit the company to use every kind of
information submitted by you like photos, videos etc. for
promotional campaigns as it so pleases and you will cease to have
any rights on the same once your submissions are made to the
company.
- The Company’s
products and / or Services, including the Application and content,
are compatible only with certain
devices/tablets/instruments/hardware < . The Company shall not be
obligated to provide workable products and / or services for any
instruments that are not recognized by the Company or those
instruments that may be purchased from any third party which are not
compatible with the Company’s products and Services. The
company reserves the right to upgrade the table/ type of compatible
devices as required from time to time.
- The Company shall have no
responsibility for any loss or damage caused to tablet or any other
hardware and / or software and/or instrument, including loss of data
or effect on the processing speed, resulting from Your use of our
products and Services.
-
Refund and Cancellation Policy:
Products purchased or ordered once will not be cancelled , no returns shall be accepted and no refunds will be possible.
- You acknowledge that the
Company is not the manufacturer of the instrument/medium/hardware
and hence, any defect relating to the same shall be reported to the
manufacturer whose details shall be specifed on the packaging and
the Company shall not be in any manner responsible for the same. The
Company does not provide any guarantee or warranty relating to the
instrument/medium/hardware
- In order to access the
Services and to avail the use of the Application/products, You shall
be required to register yourself with the
Application/Services/products, and maintain an account with the
Application/Services/products. You will be required to furnish
certain information and details, including Your name, mobile number,
e-mail address, residential address, grade/class of the student,
school name, payment information (credit/debit card details) if
required, and any other information deemed necessary by the
Application. With respect to the provision of information, the
following may be noted:-
- It is Your sole
responsibility to ensure that the account information provided by
You is accurate, complete and latest.
- You shall be responsible
for maintaining the confidentiality of the account information and
for all activities that occur under Your account. You agree to (a)
ensure that You successfully log out from Your account at the end of
each session; and (b) immediately notify the Company of any
unauthorized use of Your account. If there is reason to believe that
there is likely to be a breach of security or misuse of Your
account, we may request You to change the password or we may suspend
Your account without any liability to the Company, for such period
of time as we deem appropriate in the circumstances. We shall not be
liable for any loss or damage arising from Your failure to comply
with this provision.
- You acknowledge that Your
ability to use Your account is dependent upon external factors such
as internet service providers and internet network availability and
the Company cannot guarantee accessibility to the Application at all
times. In addition to the disclaimers set forth in the Terms, the
Company shall not be liable to You for any damages arising from Your
inability to log into Your account and access the services of the
Application at any time.
- Persons who are
“competent/capable” of contracting within the meaning of
the Indian Contract Act, 1872 shall be eligible to register for the
Application and all Our products or Services. Persons who are
minors, un-discharged insolvents etc. are not eligible to register
for Our products or Services. As a minor if You wish to use Our
products or Services, such use shall be made available to You by
Your legal guardian or parents, who has agreed to these Terms. In
the event a minor utilizes the Application/Website/Services, it is
assumed that he/she has obtained the consent of the legal guardian
or parents and such use is made available by the legal guardian or
parents. The Company will not be responsible for any consequence
that arises as a result of misuse of any kind of Our Application or
any of Our products or Services that may occur by virtue of any
person including a minor registering for the Services/products
provided. By using the products or Services You warrant that all the
data provided by You is accurate and complete and that student using
the Application has obtained the consent of parent/legal guardian
(in case of minors). The Company reserves the right to terminate
Your subscription and / or refuse to provide You with access to the
products or Services if it is discovered that You are under the age
of 18 (eighteen) years and the consent to use the products or
Services is not made by Your parent/legal guardian or any
information provided by You is inaccurate. You acknowledge that the
Company does not have the responsibility to ensure that You conform
to the aforesaid eligibility criteria. It shall be Your sole
responsibility to ensure that You meet the required qualification.
Any persons under the age of 18 (eighteen) should seek the consent
of their parents/legal guardians before providing any Information
about themselves or their parents and other family members on the
Application.
- You agree to defend,
indemnify and hold harmless the Company, its officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from:
(i) Your use of and access of the Application/Website/Services; (ii)
Your violation of any term of these Terms or any other policy of the
Company; (iii) Your violation of any third party right, including
without limitation, any copyright, property, or privacy right; or
(iv) any claim that Your use of the Application/Website/Services has
caused damage to a third party. This defense and indemnification
obligation will survive these Terms.
- In no event shall the
Company, its officers, directors, employees, partners or agents be
liable to You or any third party for any special, incidental,
indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits or any other claim
arising out, of or in connection with, Your use of, or access to,
the Application.
- In the event of Your
breach of these Terms, You agree that the Company will be
irreparably harmed and may not have an adequate remedy in money or
damages. The Company therefore, shall be entitled in such event to
obtain an injunction against such a breach from any court of
competent jurisdiction. The Company’s right to obtain such
relief shall not limit its right to obtain other remedies.
- Any violation by You of
the terms of this Clause may result in immediate suspension or
termination of Your Accounts apart from any legal remedy that the
Company can avail. In such instances, the Company may also disclose
Your Account Information if required by any Governmental or legal
authority. You understand that the violation of these Terms could
also result in civil or criminal liability under applicable laws.
- The Terms shall be
governed by and construed in accordance with the laws of India,
without regard to conflict of law principles. Further, the Terms
shall be subject to the exclusive jurisdiction of the competent
courts located in Bangalore and You hereby accede to and accept the
jurisdiction of such courts.
- The Company has the right
to change modify, suspend, or discontinue and/or eliminate any
aspect(s), features or functionality of the Application or the
Services as it deems fit at any time without notice. Further, the
Company has the right to amend these Terms from time to time without
prior notice to you. The Company makes no commitment, express or
implied, to maintain or continue any aspect of the Application. You
agree that the Company shall not be liable to You or any third party
for any modification, suspension or discontinuance of the
Application/Services. All prices are subject to change without
notice.
- DISCLAIMER: THIS WEBSITE,
THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS
IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY
KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES,
INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND
NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR
ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR
USE OF ANY INFORMATION OR MATERIALS ON THIS
WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK,
FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN
RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR
SPECIFIC REQUIREMENTS.
- Notice: All notices served
by the Company shall be provided via email to Your account or as a
general notification on the Application. Any notice to be provided
to the Company should be sent to info@anyboli.com.
- Entire Agreement: The
Terms, along with the Privacy Policy, and any other guidelines made
applicable to the Application from time to time, constitute the
entire agreement between the Company and You with respect to Your
access to or use of the Application, Website and the Services
thereof.
- Assignment: You cannot
assign or otherwise transfer Your obligations under the Terms, or
any right granted hereunder to any third party. The Company’s
rights under the Terms are freely transferable by the Company to any
third parties without the requirement of seeking Your consent.
- Severability: If, for any
reason, a court of competent jurisdiction finds any provision of the
Terms, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to give effect
to the intent of the parties as reflected by that provision, and the
remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the
Company to enforce or exercise any provision of the Terms, or any
related right, shall not constitute a waiver by the Company of that
provision or right.
- Relationship: You
acknowledge that Your participation on the Application, does not
make You an employee or agency or partnership or joint venture or
franchise of the Company.
- The Company provides these
Terms so that You are aware of the terms that apply to your use of
the Website/Application and Services. You acknowledge that, the
Company has given You a reasonable opportunity to review these Terms
and that You have agreed to them.
- Any feedback You provide
with respect to the Application shall be deemed to be
non-confidential. The Application shall be free to use such
information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not
contain confidential or proprietary information of You or of third
parties; (ii) the Company is not under any obligation of
confidentiality, express or implied, with respect to the feedback;
(iii) the Application may have something similar to the feedback
already under consideration or in development; and (iv) You are not
entitled to any compensation or reimbursement of any kind from the
Company for the feedback under any circumstances, unless specified.
- Under no circumstances
shall the Company be held responsible in any manner for any content
provided by other users even such content is offensive, hurtful or
offensive. Please exercise caution while accessing the Application.
We make all best endeavors to provide You with
a pleasant experience. In the unlikely event that You face any
issues, please contact us at info@anyboli.com.