Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS MENTIONED IN THIS DOCUMENT CAREFULLY. YOU AGREE TO BE BOUND BY THIS DOCUMENT IF YOU ACCESS ANY PART OF OUR WEBSITE/PRODUCTS/SERVICES. IN CASE YOU DO NOT AGREE WITH ANY TERMS OR CONDITIONS MENTIONED IN THIS DOCUMENT THEN YOU MUST STOP USING OUR WEBSITE/PRODUCTS/SERVICES AND ANYTHING RELATED TO IT IMMEDIATELY. 

 

 

DISCLAIMER 

Everything in this document, permissible by applicable law to the maximum extent, shall not limit or exclude, your liability or misinterpretation of the content of this website in any way. All limitations and exclusions of liability set out in this document will be governed in relation with this disclaimer which shall also be subject to the preceding paragraph. 

 

  

OVERVIEW 

Acmenomy® is a registered legal entity, so (“Acmenomy”, “we”, “our” or “us”) will mean the firm “Acmenomy” throughout this document. Our website/products/services are available to you as a user, only upon your acceptance to all the terms and conditions set in this document as well as upon receipt of your consent for processing your personal data as mentioned in our privacy policy which should be viewed in relation with this document. By accessing any part of our website/products/services in any manner or for any purpose, you agree to be bound by the same terms, conditions & policies even without your explicit consent or approval. 

The agreement shall be in effect for any newly added or modified feature, content & service too. The agreement will cease to exist only if you discontinue using our website/products/services and explicitly withdraw your consent to use your personal data as mentioned in the privacy policy. We reserve the right to update the terms, conditions and policies without prior notice and they shall come into effect immediately upon publishing the same on our website. As a user it would be your responsibility to keep a track of the modifications and accept the same or to discontinue using our website/products/services. 

Terminology 

  • Minor: An individual under the age of 18 years irrespective of the region or jurisdiction 
  • Facility: Any website/products/services we provide to the users for free or paid usage 
  • Objectionable Data: Any data that is illegal, discriminatory, racist, anti-social, sensitive, obscene, pornographic, defamatory, threatening, offensive, criminal, private, abusive, irrelevant, large, copyrighted, insulting, harmful, without explicit rights, bad etc. 
  • Operational Region: The countries/regions where we operate and provide our facilities. Currently we operate only in India 

Fair usage 

Our facilities are made available to a large community of users so please be mindful while using the common resource like bandwidth, storage, processing etc. We reserve the right to cap the limits on the resource consumption per user if we notice any abuse of the common resources that might impact the larger community. You should not use our facilities for: 

  1. any illegal or criminal activities  
  2. violating any legal laws of any jurisdiction 
  3. storing irrelevant data, large files, copyrighted material without explicit rights 
  4. performing experiments or reverse engineering 
  5. uploading pornographic or disturbing contents 
  6. uploading malicious content like virus and bots  
  7. harming our reputation, systems, people and business. 
  8. violating any copyright laws 
  9. violating our intellectual property rights or the intellectual property rights of others. 
  10. breaking the security to bring the system down to a halt 
  11. linking to external websites/systems/services 
  12. harassing, intimidating, stalking, threatening, discriminating 
  13. hacking and misusing any data  
  14. launching phishing attacks or bulk spamming 
  15. money laundering, soliciting, preaching, spreading hate/rumours 
  16. advertising & selling illegal, banned or abusive substances 
  17. promoting religion, faith, terrorism 
  18. poaching live animals or extinct species 
  19. human trafficking
  20. causing loss/damage/harm to us or any third party

Any violation to the above rules will be dealt with disciplinary action by terminating your access to our facilities followed by legal prosecution if necessary. 

Guarantees and Warranties 

Our websites/products/services which are also referred to as facilities in this document, are made available online for the general public who are valid citizens of the region/country we operate in. The users may access, register, download, subscribe or discontinue using the facilities as per these terms and conditions. However, we do not provide any guarantees/warranties for facilities which we do not charge for. The users can use our unpaid facilities at their own risk, as we shall not be responsible for the accuracy, completeness, validity, security or anything that may be viewed as our liability. The users may evaluate and compare the unpaid facilities before buying or subscribing to the paid version which may provide license specific guarantees and warranties. 

We strive to ensure that the information, visuals, texts, content and pricing of our product or services displayed on our facilities are always up to date, correct, accurate, complete and valid. However, we do not guarantee any of it at any point of time. We do not guarantee that your expectations about quality of the advertised product/service will match exactly with the purchased ones you receive, as the difference may be a result of many factors like visual clarity, sound distortion, network issue etc. 

We strive to keep our facilities up and running to be accessible for our users, however we do not guarantee its uninterrupted service all the time. Also, we do not guarantee the availability of data during natural disaster and calamities causing network disruption. We shall not be liable for any loss/damages caused by the downtime of our facilities. We do not guarantee that any facility paid/unpaid will always be available and won’t be taken off for an indefinite duration without prior notice. 

Under no circumstances, shall our management, board members, employees, stakeholders, clients, agents, brokers, marketing partners, vendors, suppliers or any third parties directly or indirectly related to us shall in any way be liable for any loss, damage, claims, reimbursement, negligence, prosecution etc. arising as a result of usage of our facilities. In case we are not excluded, or our liability is not limited due to the legal restriction of the local jurisdiction, then our liability shall be limited to the maximum extend permissible under the applicable law. 

Returns and Cancellation Policy 

All Returns, Refunds and Cancellations regarding our products and services, are covered by this general returns and cancellation policy. However, it may be appended by more specific ones for individual products, services, regions, individuals, offers, events etc. The policy terms mentioned below must be considered effective in absence of a specific return policy. 

  1. We reserve the right to stop providing access, support, updates and post-sale service to any paid facility for any reason at any time.  
  2. In event where we stop the paid facilities, which is extremely rare, a genuine client/user/subscriber shall be provided a refund on a prorate basis of the unused facilities they have purchased.  
  3. Such refund would be granted without any interest 
  4. Any decision taken by our management regarding the return, refund and cancellation of paid facility will be considered final and the customer’s right to challenge the decision or ask for additional claim shall stand forfeited. 
  5. We provide the ability to cancel your subscriptions at any time and you shall not be charged anymore for the facilities which shall stop functioning as soon as the subscription gets cancelled. 
  6. We have a 30-day full refund policy for any of our promotional facilities which offer a trial period. However, you must end your subscription at least 24 hours prior to the end date of the trial period to avoid being charged for the next subscription cycle. 
  7. Once the subscription exceeds the trial duration, your account shall be automatically charged for the agreed recurring subscription cycle which would be final and cannot be reversed under any circumstances.  
  8. In case of physical products, the returns must be requested, via the system, 24 hours before the return window ends and the goods purchased, must be returned along with the bill, warranty/guarantee card, invoice and original packing. Failure to adhere to any of the condition in this clause will result in the return order to be cancelled. 
  9. Returns of perishable goods, personal hygiene items, undergarments, sanitary products and any products that are not suitable for refurbishing/renewal/reuse will not be eligible for returns or refunds.   
  10. In case of virtual/downloadable products, the returns must be handled on a case-by-case basis and decision of our management shall be final which cannot be challenged by the user for obvious intellectual property violations. 
  11. All returns and cancellations should be done within the stipulated time frame. Any exceptions to this rule will not be entertained and we shall not be liable for any loss/damages occurring as a result of it. 
  12. Once the returns are successfully verified by our staff/management/vendors, a refund will be initiated and shall be directly deposited in the bank account registered with us or the transaction will be reversed. The same shall be communicated via your contact details and the registered email id of the user. 

Limitation of Liability 

We strive to, but do not claim that, the information provided through our facilities are current, accurate, complete or timely in any manner/sense. The information we provide is for your reference only and we strongly discourage you to rely solely on our information to take any action/decision/risks as we refuse to be held responsible for the consequences of the same.  

  1. You agree that, at no point in time, we shall be liable for the content/information provided on/through our facilities if 
  2. The information is not current, accurate, complete and timely 
  3. There is any loss/adverse impact to any individual or entity 
  4. Someone takes risks/decisions that are based upon the information provided thereof 
  5. There is a loss or damage of life, property, reputation etc. 
  6. You agree that you shall be responsible for any actions/decisions/risks that you take based upon the information provided through our facilities. By accepting these terms, you give up your claim to hold us responsible for any loss/damage, of any sort, caused to you or anyone living or dead. 
  7. You agree that we shall not be responsible or liable for any issues/loss/claims of any third-party like your clients/customers, who are the end users of the facilities we provide.  
  8. You agree that you shall not use our facilities alongside any content/facility which is illegal, criminal, infringed, violent, obscene, socially unacceptable or something that violates the laws of your jurisdiction or violates the rights of any person or entity.  
  9. You agree that you are a valid citizen of the country/region we operate in and you will not be using our facilities if you are not. 
  10. You agree to protect and indemnify us (including every person or entity related directly or indirectly to us) from all conflicts and issues arising due to breach of these terms and conditions or your violation of any law that may in-turn be using our facilities (example: a blacklisted website/app/platform using our advertising web services).  

Privacy Policy 

We have a separate privacy policy document that details all the terms, conditions and processes for handling your personal data. You agree that you have read, understood and agreed to the privacy policy before you start using our facilities. 

Intellectual Property Rights 

The nature of our business is information technology and hence data is of utmost importance. A lot of information flows to/from the users & systems that interact with our facilities. Data that is generated/accumulated by us manually/automatically through various sources becomes a part of our data model which is critical for our business. So, it is important to establish some ground rules regarding handling and ownership of this data.  

Unless otherwise stated in any policy or agreements published by us on our website or facilities, any data that we generate, receive, accumulate, store, modify, delete, archive, publish, distribute, transform, translate, encrypt, share or process in any manner or form will be considered as our intellectual property. This includes any comments, posts, reviews, blogs, forms, letters, notes, chats, logs, emails, proposals, suggestion, ideas, creatives, images etc.  

We reserve the right to decide the sensitivity of the data and tag it as confidential, private or public. We shall not be under any obligation to compensate, acknowledge, respond to anyone for the information flowing into our facilities. 

We reserve the right to remove any objectionable material that may be illegal, discriminatory, racist, anti-social, sensitive, obscene, pornographic, defamatory, threatening, offensive, criminal, private, abusive, misleading etc. uploaded/posted on our facilities. 

 It’s almost impossible to monitor every piece of information uploaded/posted to our facilities, hence, we shall not be under any obligation to act in any certain manner or within a certain time frame without receiving a formal complaint, grievance or flags from the users of our facility.  

We shall do our best to take down the objectionable material from our facilities immediately, however a formal investigation may follow to establish whether the material should be allowed or curbed. We reserve the right to decide if the information is objectionable or not and our decision will be final.  

We shall not be responsible/liable for data uploaded/posted by our users that may violate the rights, policies, agreements, interest, terms, conditions, copyrights, trademarks or intellectual property of any individual or entity. 

You agree that you shall not upload/post any objectionable data on our facilities. If there are any incidents regarding the data you upload/post that result in any loss/damage, you shall be solely responsible for compensation/prosecution against the damages caused thereof.

Future Changes 

We reserve the right to update/modify/delete the information provided on/though our facilities and we shall not be under any obligation to notify you explicitly. As a user, it would be your responsibility to keep track of the changes and monitor them.  

We reserve the rights to change the content/information/pricing, modify/suspend/discontinue our facilities either partially or completely anytime without prior notice and we shall not be liable to any user or third-party for any impact whatsoever. 

Governing Law 

These terms, conditions and policies defined for the usage of our facilities shall be governed by the law of Indian Penal Code. Any disputes and litigation should be filed in the court of law situated in Mumbai irrespective of the location of the complainant or the location of usage where the dispute arose. 

We shall abide to the laws governing data privacy and security policies of the operational regions only irrespective of whether the facility is accessible or used from locations where we do not operate. Any access/usage of our facilities by citizens or entities that do not belong to our operational regions defined in this document is strictly prohibited as we shall not be obliged to follow any rules of your region and neither shall we be responsible for your acts, data, loss, damages or whatsoever we may be expected to be liable for. 

Contact Information 

For any queries regarding these Terms and Conditions or any policy in general, please write to us via the contact section of our website. 

  

Third Party Apps and Access 

We may provide you with access to some of our third-party tools and links in a “as is” condition. These tools and links will be governed by policies and terms of the entities who own them. We shall not be liable for any issues arising in relation to your usage of such apps or links. We neither control nor monitor these third-party tools and services so any use will be completely at your own risk. We may introduce/remove these third-party tools and links and the same shall be governed by this document.  

The presence of third-party links on our facilities should not in any way be pursued as our affiliation, endorsement or partnership without explicit mention of the same in our policy documents. These links my redirect the users to a third-party site which may be beyond our control and hence we shall not be held liable for any losses/damages arising from it. Any complaints, suggestions, issues & grievance should be taken up with the third party directly as the same shall not be entertained by us.  

Acmenomy is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.in. Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of the product.

General Conditions

  1. We reserve the right to grant/refuse access to our facilities, to anyone, for any reason, at any time. 
  2. We may use encrypted data transmission protocols to transfer your data through various networks due to technical limitations of the connecting networks and devices except for the payment transactions. 
  3. Your payment transaction information related to online banking, credit cards, PayPal etc. would always be transferred using secure encrypted form over all networks. 
  4. We reserve the right to refuse or cancel any order/transaction at any time 
  5. We reserve the right to limit the number of units of products/services that can be availed per person, per credit card, per billing address, per shipping address, per email, per contact number etc. 
  6. In event we cancel/change the order or transaction after you have placed them with us, we shall try to communicate the same to you via the email id registered and active with us at the time of the transaction. 
  7. We reserve the right to cancel the orders which appear to be placed by resellers, whole sellers, distributors or not for personal consumption. 
  8. You agree to always keep the information like billing/shipping address, contact number, email id, credit card numbers, expiry dates etc. updated to avoid failed transaction. 
  9. These terms and conditions will be in force during the whole tenure of your valid subscription or usage of our facilities or an explicit termination invoked by either of us. 
  10. If some provisions mentioned in these terms and conditions are inapplicable or are not exercised due to restriction/limitation of local jurisdiction then those provisions shall be effective in the maximum capacity allowed by the applicable law. 

Lastly you do understand and agree that all our terms, conditions and policies are created in good faith to have a formal understanding between us. You agree to respect and abide to all the provisions willingly without any pressure or compulsion by us or any third party. That you understand the goal of these provisions are to safeguard the interest and properties of both parties while trading fairly with each other. 

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