Terms of Services

Last Updated: 1 Jan, 2024

Welcome to https://www.wpabhay.in (“Website”). The Website is owned and controlled by Abhay Patel (We/Us/WP Abhay). Your use of the Website shall be governed under this Terms of Use (“Agreement”) along with the Privacy Policy, as modified and amended from time to time.

This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and rules made thereunder and the amended provisions about electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic, or digital signature.

1) APPLICABILITY OF THIS AGREEMENT

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND WP ABHAY. BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT;

This Agreement is subject to revision by WP Abhay at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.

2) ABOUT US

The Website is a digital platform that has existed on the World Wide Web via different electronic mediums. The Website is engaged in providing courses & products (“Services”). By subscribing to our Services, either free or paid, you agree to:

• Provide current, complete, and accurate information about yourself as prompted to do so by the Website;
• To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

3) ELIGIBILITY TO USE

You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the applicable law. Notwithstanding the foregoing, if you are a minor, please read through this Agreement with your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between WP Abhay and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.

WP Abhay reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without any reason for doing so.

You shall not have more than one active Account (defined below) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another person.

4) SECURITY

You may access and use the Website and the Services as a guest user wherein you can submit your inquiry and WP Abhay’s team shall get back to you regarding your requirements. Your provision of, and WP Abhay collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by WP Abhay Privacy Policy.

5) USER OBLIGATIONS

WP Abhay grants You a non-exclusive, non-sublicensable, non-transferable, revocable, and limited right to access and use this Website.

You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by theWP Abhay. You shall not use any deep-link, robot, spider, or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

When you use the Website You specifically undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

You agree that you are solely responsible to WP Abhay and to any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which WP Abhay or its affiliates or its vendors may suffer) for any such breach.

6) PAYMENT TERMS

The Website provides free Services for certain basic services like access to how-to videos and tutorials and provides paid Services to avail premium features like availing comprehensive courses. For such premium Services, WP Abhay will provide details and notice of the applicable fee. You are required to pay such a fee in advance to avail of premium Services. WP Abhay reserves the right to modify/change the subscription amount of such premium Services or charge certain other fees as it may think fit at any time. However, such modification/change shall be made applicable prospectively and notified to you appropriately.

All Fees shall be deemed to be INR (Indian Rupee), except as specifically stated otherwise in writing by WP Abhay. To the extent permitted by law (and unless specified otherwise by WP Abhay in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies, or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the WP Abhay Services, or any payments or purchases made by you.

You agree and understand that all payments shall only be made to the bank accounts of WP Abhay. WP Abhay or its agents, representatives, or employees shall never ask you to transfer money to any private account or to an account not held in the name of WP Abhay. You agree that if you transfer any amount against any registration/placement of order or transaction to any bank account that is not legitimately held by WP Abhay or to any personal account of any person, WP Abhay shall not be held liable for the same. User shall not hold any right to recover from Dezire career point any amount which is transferred by you to any third party.

You will not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. with any person including the agents, employees, or representatives of WP Abhay. You shall immediately inform WP Abhay if such details are demanded by any of its agents’ employees or representatives. WP Abhay shall not be liable for any loss that you may incur for sharing the aforesaid details.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument that is not lawfully owned by you, i.e. in any transaction, you must use your credit/debit card. The information provided by you under this clause shall be handled by WP Abhay by its Privacy Policy.

7) USE OF CONTENT

Except as expressly indicated to the contrary in any applicable additional terms, WP Abhay hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print the Content available on the Website, subject to the following conditions:

1. You shall access and use the Content solely for personal, informational, and internal purposes, in accordance with this Agreement;
2. You shall not modify or alter Content available on the Website;
3. You shall not distribute or sell, license, or otherwise make the Content available on the Website available to others; and
4. You shall not remove any text, copyright, or other proprietary notices contained in the Content available on the Website.

The rights granted to you in the Content or any other materials as specified above are not applicable to the design, layout, or look and feel of the Website. Such elements of the Website are protected by Intellectual Property Rights and shall not be copied or imitated in whole or in part.

8) THIRD-PARTY CONTENT

General third-party information, as well as blogs such as specifications, reports on news, entertainment, technology and features, advertisements including videos, images, and photographs of the products, links to third-party websites, and other data from external sources, may be made available on the Website (“Third Party Content“). You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. All Third Party Content is provided on an ‘As Is basis. WP Abhay does not provide any guarantee with respect to the accuracy, title, non-infringement, or fitness for a particular purpose of any Third Party Content. WP Abhay shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.

In the event, any Third Party Content contains links to third-party websites, and you visit any such external link, You agree to do so at your own risk, responsibility, and liability. WP Abhay makes no warranty or representation regarding and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the services described thereon.

9) INTELLECTUAL PROPERTY RIGHTS

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively, the “Content”) on the Website is owned and controlled by WP Abhay or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. WP Abhay reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of WP Abhay or respective third parties. You are not permitted to use the Marks without the prior consent of WP Abhay or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, WP Abhay owns all intellectual property rights to and into the trademark ” WP Abhay “, and the Website, including, without limitation, any rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from WP Abhay or the thirty-party owner of such Content.

10) TERM AND TERMINATION

The Agreement will continue to apply until terminated by either you or WP Abhay as set forth below. If you want to terminate your agreement with WP Abhay, You may do so by clicking on the “deactivate your account” button.

You agree that WP Abhay may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if WP Abhay determines that you have violated the terms of this Agreement.

WP Abhay may, at any time, with or without notice, terminate this Agreement with You if:

• 1) WP Abhay is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

• 2) WP Abhay has elected to discontinue, with or without reason, access to the Website, or;

• 3) In the event WP Abhay faces any unexpected technical issues or problems that prevent the Website from working;

• 4) Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination/expiry of this Agreement will survive indefinitely unless and until WP Abhay chooses to terminate them.

11) COMMUNICATIONS

When you use the Website or generate an inquiry contact us or communicate with WP Abhay, You agree and understand that you are communicating with WP Abhay through electronic records and you consent to receive communications via electronic records from WP Abhay periodically and as and when required. WP Abhay will communicate with you by email or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

12) LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

The Website, Services, Content, User Content, and any Third Party Content are provided by WP Abhay on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, WP Abhay will have no liability related to any Content including Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. WP Abhay also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Content including Third Party Content.

You expressly understand and agree that to the maximum extent permitted by applicable law, WP Abhay will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website or any Services, either with or without your knowledge.

WP Abhay has endeavoured to ensure that all the information on the website is correct, but WP Abhay neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, or service. WP Abhay shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, WP Abhay shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond WP Abhay’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. WP Abhay is not responsible for any typographical error leading to an invalid coupon. WP Abhay accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

13) INDEMNIFICATION

You agree to indemnify, defend and hold harmless WP Abhay, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as “indemnified parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.

Notwithstanding anything to contrary the Agreement(s), in no event shall WP Abhay, its subsidiaries or affiliates and their respective officers, directors, employees, partners, or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not WP Abhay has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website.

14) GENERAL PROVISIONS

Governing Law and Jurisdiction: This Agreement and all transactions entered into on or through the Website and the relationship between you and WP Abhay shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and WP Abhay shall be subject to the exclusive jurisdiction of the courts at Tamil Nadu, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action, or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

Changes and Updates: WP Abhay reserves the right to change, suspend or terminate any of its Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the WP Abhay’ Services (including removal of any materials created by you in connection with the WP Abhay’ Services) for any reason and/or change any of the WP Abhay Terms with or without prior notice – at any time and in any manner. You agree that WP Abhay will not be liable to you or to any third party for any modification, suspension, or discontinuance of those WP Abhay’ Services.

15) SHIPPING 

Our Services or products don’t require the shipping of your orders. It will automatically be sent to your account or an email.

merchant shipping

Notice: All notices with respect to this Agreement will be served to you by email or by general notification on the Website. Any notice provided to WP Abhay pursuant to this Agreement should be sent to Grievance Officer at abhay@wpabhay.in

Grievance Officer – Abhay Patel, WP Abhay

Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. WP Abhay’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by WP Abhay to any third parties without the requirement of seeking your prior consent.

Severability: If for any reason, a court of competent jurisdiction finds any provision of the Agreement, 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 Agreement shall continue in full force and effect. WP Abhay may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal-to-Principal Relationship: You and WP Abhay are independent contractors and nothing in this Agreement will be construed to create a partnership, joint venture, the association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and WP Abhay