Terms and Conditions
Terms and Conditions
Acceptance of this Agreement:
By clicking on the ‘SIGNUP’ option, the participant (“You” or “Your”) agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the “Agreement”). In the event, you are not willing to accept the Agreement, you shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services (“Services”) published, available or provided on www.FMLearn.in (the “Website”), which is owned & monitored by FirstMeridian Business Services, and maintained by ICOG/Cogknit which are referred as “Us”, “We” or “Our”.
User ID and Password:
By entering into this Agreement, you acknowledge and agree that Your user ID and password (“Participant Account”) is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement.
You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Help and Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
Content and Courseware:
As a part of our Services offered through our Website, we shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for (“Content and Courseware”).
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updating occurs, we may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Usage of the website and Services:
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for (“Restricted Purpose”).
You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights:
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, you acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights on the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Usage of Personal Information and Participants:
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, we may use Your personal information to inform You about other certification training courses offered by Us. However, we shall not distribute or share Your personal information with any third-party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability:
You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the certification training course.
Terms and Termination:
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the “I ACCEPT” button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid-up online Participant Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect (“Immediate Termination Date”), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, we shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
Amendment and Assignment:
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement, or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
Please read the following carefully:
These terms and conditions (“Terms and Conditions”) control your use of this website FMLearn.in (“Website”). In these Terms and Conditions, “FMLearn” is referred to as the “Company”, “us,” or “we.”
‘You’ refers to a user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.
The FMLearn website (the ‘Site’), the educational services made available through the site and the content (the ‘Products’) are owned, operated and maintained, as applicable, by FMLearn (‘we’, ‘our’, ‘us’, or the ‘Company’). The Site, Products and Content are, collectively, the ‘Company Products’.
Please read them carefully before you use the services of this site.
- Under no situations or circumstances, will the company be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog etc.
- Our services are free to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
- You will be required to use login credentials for some of the sections on the site and the company reserves the right to block access to our services for any user who does not follow these conditions
- We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
- FMLearn is not responsible and is not obligated for issues in your network or server beyond certain limits.
Website usage guidelines
- Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others.
- Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
- It is prohibited to edit HTML source code, reverse engineer or attempt to hack.
- Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You may not copy, distribute, and indulge in plagiarism with website content or user submitted content.
- Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
You will be allowed to subscribe to a particular course or collection of courses (“Subscription Services”) and will be charged automatically, depending on payment frequency chosen by you, such as monthly/quarterly/yearly, as may be applicable.
Please note that Subscription Services discounts and any Subscription Services are only a limited time special subscription promotion in effect apply only to eligible items displaying the offer message on the Subscription Services item information pages, and then only if you select the Subscription Services. Subscription Services will last only till a particular period, as may be specified on the relevant page. Special limited time subscription promotions only apply during their effective dates.
FMLearn retains the rights to modify the Subscription Service from time to time, including by adding or deleting features and functions, to improve your experience. But we will not make changes to the Subscription Service that materially reduces the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. All fees are exclusive of any VAT, Service tax, GST or any other applicable law and tax deductions. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
You agree to indemnify and hold Us, our contractors, licensors, directors, officers, employees, and agents, harmless from and against all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
All prices, products, and offers of FMLearn website are subject to change without notice.
While we make sure to provide most accurate and up-to-date information, in some cases one or more items on our website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from our suppliers.
FMLearn reserves the right to change prices for all our products, offers, or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
FMLearn Website and Mobile Apps
- Mobile Apps
Use of your Personal Information and Other Data
We FMLearn and our partner companies have the right to contact the users for any Job Requirements / Openings / Resubscription of FM Learn Platform / Sales of Other FM Group Services.
Personal Identifiable Information
We may collect the following personal information from you in the following situations
- When you visit our website or mobile apps and voluntarily provide the following information via one of our contact forms, via a chat or phone session, or as part of a purchase of one of our courses or register on our site:
- Contact Information, such as name, email address, mailing address, phone number, IP
- Information about your business, such as company name, company size, business type
- Billing Information, such as credit card number and billing address.
Note : All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
Non-Personal Identifiable Data:
We capture some Non-Identifiable data in our logs. The data in the logs includes
- Device type
- browser type
- language preference
- time zone
- screen size
- referring / exit pages