ANAIAH shall have no responsibility or liability towards the Customer in respect thereof; and
The Customer hereby agrees to release ANAIAH from any and all claims, demands and damages arising out of or in connection with such modification. The Customer shall make no claim against us (including for a refund), in respect of the same.
· Investment and Payment
1. In consideration of the Seminar Services and the training material (if applicable) being availed by the Customer, the Customer is liable to pay to ANAIAH, a fixed sum lump sum (without a set off, deduction or counter claim) on the placing of the Order of the Program by the Customer (“Investment Sum”). The Customer is liable to bear and pay the Investment amount simultaneously with the placing of the Order of the Program.
2. However, in the event ANAIAH has provide the Customer, an option to pay the Investment Sum, by way of installments, the Customer is liable to pay each installment to ANAIAH in full and without set off or deduction on the Instalment Payment Date, as may be agreed between the Parties.
3. In the event, the Customer fails or delays to pay the Investment Sum to ANAIAH within 3 working days from the due date, then ANAIAH reserves the right to charge the original full price of the said Program. In such an event, the Customer shall not be entitled to avail the benefit of any discount, bonus or offer price of the Program and the Customer shall not be entitled to raise an issue with ANAIAH in respect of the same.
4. The payments made under this agreement by the Customer must be made by the means specified in the Order.
5. If the payment of the Investment Sum is not made by the due date by the Customer, then, ANAIAH reserves the right to cancel your enrolment and no refund or credit will be given in respect thereof. In addition to this, if any service (or part thereof) has been used, accessed or made available to the Customer, then, ANAIAH reserves the right to place all outstanding and overdue accounts with a debt collection agency. In the event of such cancellation, ANAIAH also reserves the full right to cancel the online access given and / or refuse attendance in any or all future training sessions to the Customer.
· Cancellation Rights & Refund
1. In the event, the Customer informs ANAIAH in writing, within Seven (7) calendar days of placing an Order, that it is no longer desirous to receive Seminar Services and/or products by delivering or sending a cancellation notice to Anaiah by email on email@example.com then this Agreement between the said Customer and ANAIAH stands cancelled and terminated.
2. However, in addition to the above, it is to be noted that this Agreement shall only stand cancelled, in the event the termination notice is received by ANAIAH prior to the Customer accepting any training material, access to Learning Management System, attending any online training / information session offered by ANAIAH in respect of the chosen program. The Customer hereby agrees that in the event either one or all of the above is accepted, attended or made available to the Customer by ANAIAH, the Program will be deemed to have started & then no refund request can be processed. In such case where the Customer has not started any training/ informative session, no training material printed or softcopy is made available to the Customer, no access to LMS is made available & no online classes have started/ or no session links have been made available for webinar, Facebook live, Zoom or any other online platform, in that case ANAIAH shall refund to the Customer, monies or part thereof post deducting the relevant bank / payment gateway charges and / or admin fee, paid by the Customer to ANAIAH under this Agreement (without any interest) within thirty (30) business days of receipt of such cancellation notice.
3. It is hereby reiterated that no cancellations are permitted under any circumstances whatsoever if services have been used, even in parts, accessed or available to the Customer, i.e. starting of the said training program, receiving any training material (printed or soft copy) or receiving password to access any of ANAIAH’s Learning Management System, or post receiving any video training Links, even if it is well within seven (7) calendar days of payment date.
4. The Customer hereby agrees to forfeit its right of claiming any refund full or part under any circumstances once training is accessed or made available by ANAIAH, or training material printed or soft copy is sent, Learning Management System access is granted, training / information session thru Facebook live or webinar on any electronic platform is attended by the Customer or is made available which is a part of the offerings of the Customer’s chosen Program.
5. ANAIAH reserves the right to cancel the Seminar Services offered to the Customer for any reason whatsoever by serving a written notice to the Customer. In such an event, ANAIAH shall refund the actual amount paid by the Customer (without any interest) to ANAIAH within 30 working days of giving the Customer notice of cancellation. We shall have no further responsibility or liability to such Customer in respect of the cancellation.
6. It is clarified that the willingness or ability for not being able to attend any event/Program does not entitle the Customer for claiming any refunds.
· Transferring Tickets:
1. In the event that the Customer is unable to attend the event/program, which has been booked and paid for by the Customer, then, the Customer is entitled to transfer its seat to a nominated new attendee, subject to prior written intimation to ANAIAH together with the full contact details of the Customer’s nominated new attendee, at least 14 working days prior to commencement of the event. However, administrative charges shall be imposed on the transfer of name to a nominated new attendee.
2. It is clarified that such nominated new attendee shall be bound by all the terms and conditions mentioned herein.
3. Complimentary tickets to any events, including those issued as bonuses as part of the Customer’s purchase, shall not be transferred or assigned and shall remain in the name of the purchaser only.
4. If the Customer has purchased one or more tickets or made a purchase during the buy one get one free promotion; then the Customer shall provide ANAIAH with the guest details within 14 days of such purchase and prior to the Seminar Service date. After this period has elapsed, the name on the ticket will not be transferable under any circumstances. Buy one get one free ticket or get 50% discount offers for spouse or anyone else (if offered & accepted) must be used at the same seminar / webinar / service or event/ training attended by the primary participant. In case the secondary participants do not attend the same event, he/ she cannot attend any future event on that ticket and any monies paid in respect thereof will be non-refundable.
· Ticket Sale and Resale
Seminar services or event tickets shall not be resold (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods and services. If a seminar service or event ticket is re-sold or used in breach of this condition by the Customer, then Seminar service for such Customer shall be cancelled without any refund and the bearer of the ticket shall be refused admission to the Program.
Scalping warning: The resale of a seminar service or event ticket in certain circumstances is governed by ticket sales rules and may attract criminal penalties.
The Customer hereby acknowledges that:
1. Neither ANAIAH, nor any of our representatives or any person engaged by ANAIAH to perform the Seminar Services (‘Relevant Persons’) is an investment advisor or licensed by any governmental authority to provide investment advice;
2. The Relevant Persons do not purport to provide investment advice or operate an investment advice business;
3. ANAIAH may pay commissions to third parties arising from your entering into this agreement.
4. To gain entry to the training/Program, photo Identification of the Customer is required to be presented at registration and Customer will need to pass through a security check point.
· Force Majeure
1. If the Seminar Services as contemplated by this Agreement are prevented, hindered, obstructed or cancelled because of an act of God, an inevitable accident, epidemic, fire, blackout, flood, or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of both parties, then ANAIAH is entitled to, at its sole discretion, postpone the Seminar Services from the original Seminar Services date and schedule it on a later date or deliver those sessions Online.
2. However, in the event, ANAIAH is unable to conduct the such workshops, trainings, Seminar Services ONLINE or even on any other future date, ANAIAH shall inform the Customer of the same and refund the actual amount paid by the Customer for the Program and ANAIAH shall have no further liability or responsibility towards the Customer. ANAIAH reserves the right to change the dates of their events, venue, speaker, or mode of delivery ie Offline to online ( Or Visa Versa), for their trainings, seminars, webinars, online sessions and no refund or any other claims can be made citing this as a reason.
3. ANAIAH shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this Agreement occasioned by such Force Majeure events.
· Limitation of Liability
ANAIAH shall not be liable for special, incidental, indirect, consequential, exemplary or punitive damages under any theory of contract, tort, strict liability, statute or under any other legal or equitable principle or otherwise, arising out of or in any manner connected with this Agreement and regardless of whether the Customer has been informed of, or might have anticipated, the possibility of such damages.
· Non – Disclosure Agreement
1. The Customer hereby acknowledges that during the course of the Program, the Customer will receive or have access to and will be trained in material considered “trade secret”, certain confidential and proprietary information belonging and/or relating to the ANAIAH including without limitation operational information, business model and reports, systems and modules, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“Confidential Information”)
2. The Customer agrees to not disclose any techniques nor comments about the Program of any kind to any 3rd party, via forum, message boards, private emails, blogs or other venues.
3. The Customer undertakes to keep Confidential Information of ANAIAH in confidence. The Customer shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of ANAIAH’s Confidential Information from public disclosure and shall at all times maintain appropriate measures to protect the security and integrity of the ANAIAH’s Confidential Information. The Receiving Party shall not, divulge any of its Confidential Information to any third party.
4. If the Customer does disclose any information about the event, then they admit to damages and breach of contract and will be subject to civil litigation and damages. The Customer agrees to not create, nor partner nor associate with any person, any kind of product related to ANAIAH, including but not limited to e-books, special reports, audio or video files, public postings of content, or any other derived materials. The Customer shall not record any portion of the event and/or the Program.
5. The Customer shall notify ANAIAH immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Clause. The Customer will cooperate with ANAIAH in every reasonable way to help ANAIAH regain possession of such Confidential Information and prevent its further unauthorized use.
6. The Customer acknowledges that irreparable damage may occur on breach of the terms and provisions of this Clause. Accordingly, if the Customer breaches the provisions of this Clause, then the ANAIAH shall be entitled, without prejudice, to seek all the rights and remedies available to it, including damages, a temporary restraining order and an injunction restraining any breach or threatened breach of the provisions of this Clause. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity.
7. The Customer further agrees to indemnify and hold harmless ANAIAH against all losses or damage actions, suits and proceedings, and all costs, charges, liabilities, and expenses (including reasonable attorney fees and costs), that ANAIAH and/or its speakers and associates and any of its affiliates and representatives suffer or incur from any breach of these Terms and any other losses or alleged losses of any kind incurred during application of learning / using tools learned from ANAIAH’s seminars/training/Programs or using its training material. ANAIAH does not commit/ guarantee to any level of performance improvement as it is also a result of implementation and personal efforts of each individual.
8. Any kind of defamation arising from but not limited to postings in Social Media, print media, FB or what’s app groups or any other source will lead the Customer to be removed from subsequent trainings/events without any refunds, and ANAIAH further reserves the right to press defamation charges against any such acts. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity.
· Ownership of Intellectual Property
1. ANAIAH shall retain all ownership rights, title, and interest in and to its own services, products and Programs and all Intellectual Property Rights therein, subject only to the rights and licenses specifically granted in writing.
2. All data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), “know-how”, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, information, computer technical expertise, (collectively referred to as “Intellectual Property”): (a) related to the Services contemplated under this Agreement, (b) pertaining to Seminar Services / Programs that are (i) pre-existing; and/or (ii) conceived, generated, derived, produced or reduced to practice, by ANAIAH shall be and remain the exclusive property of ANAIAH. For the avoidance of any doubt, intellectual property created by ANAIAH or its representatives in the course of undertaking its duties and obligations under this Agreement is presumed to be owned by ANAIAH unless otherwise stated in writing.
1. All notices or other communications to ANAIAH must be made to firstname.lastname@example.org.
2. All rights available to either Party under this Agreement or any other document delivered hereunder or in connection herewith, or allowed it by law or equity, are and shall be cumulative and may be exercised separately or concurrently and from time to time without waiver of any other remedies. Neither Party shall be deemed to have waived any right, power or privilege under this Agreement unless such waiver shall have been expressed in a written instrument signed by the waiving Party. The failure of either Party to enforce any provision of this Agreement shall in no way be construed as a waiver of such provision or a right of such Party to thereafter enforce such provision or any other provision of this Agreement.
3. In the event any provision of this agreement be held by a Court of competent jurisdiction to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation, then the validity and enforceability of the remaining provisions will not be affected.
4. This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement, representations or undertakings are superseded.
5. Nothing in this agreement shall be construed as establishing or implying any partnership, agency or joint venture relationship between the parties, or authorise a party to commit or bind the other party in any way whatsoever without obtaining the other party’s prior written consent as the parties hereto have executed this agreement on principal to principal basis. Nothing contained in this agreement shall be construed as implying any commitment or agreement by either party to make any investment in the other party or in any business of the other party or to enter into any other business arrangements of any nature whatsoever with respect to the other party.
6. ANAIAH reserves the right to alter speakers and course content at any time without notice.
7. These Terms and Conditions shall be governed by and construed in accordance with Laws of India and the parties agree to submit to the exclusive jurisdiction of the courts of Mumbai in respect of any disputes or claims.