Last Updated: October 28, 2021
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 pertaining to 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 WEBSITE LEARNERS. 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 Website Learners 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 existence on the World Wide Web via different electronic medium. The Website is engaged in providing website building services and website building tutorials (“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 Website Learners and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
Website Learners 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 according any reasons 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.
5. YOUR ACCOUNT
To avail Website Learner’s Services, You may be required to create an account on the Website (“Account”). You agree to furnish all the requisite details and information that Website Learners may request at the time of creation of account and thereafter. You shall be responsible for maintaining confidentiality of all such information furnished to Website Learners including without limitation, login credentials, password etc. You agree to (a) immediately notify Website Learners of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Website Learners cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Website Learners or any other user of or visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
You further declare and affirm that all the details provided to Website Learners by you is correct and true to the best of your knowledge and belief. If any information provided by you is incorrect, illegal, or against the provisions of any laws, Website Learners shall have right to terminate this Agreement and deactivate your Account on the Website without giving any refunds.
If anyone other than yourself accesses your Account, they may perform any actions available to you, make changes to your Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
You may request closure of the account at any time by clicking on “deactivate your account” button. Your account will be deactivated provided that all the outstanding dues and payments have been duly fulfilled. Upon deactivation of your services.
6. USER OBLIGATIONS
Website Learner grants You a non-exclusive, non-sub-licensable, 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 Website Learner. You shall not use any deep-link, robot, spider or other 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:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- infringes any patent, trademark, copyright or other proprietary rights;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website Learner server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Website Learner or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate the terms of the Agreement.
You agree that you are solely responsible to Website Learners 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 Website Learners or its affiliates or its vendors may suffer) for any such breach.
7. 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 creation of a Website and/or registration of domain names, or availing comprehensive courses. For such premium Services, Website Learners will provide details and notice of the applicable fee. You are required to pay such fee in advance to avail premium Services. Website Learners reserves the right to modify/change 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 in INR (Indian Rupee), except as specifically stated otherwise in writing by Website Learners. To the extent permitted by law (and unless specified otherwise by Website Learners 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 Website Learners Services, or to any payments or purchases made by you.
You agree and understand that all payments shall only be made to bank accounts of Website Learners. Website Learners 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 Website Learners. 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 Website Learners or to any personal account of any person, Website Learners shall not be held liable for the same. User shall not hold any right to recover from Website Learner 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 Website Learners. You shall immediately inform Website Learners if such details are demanded by any of its agents’ employees or representatives. Website Learners shall not be liable for any loss that you may incur for sharing the aforesaid details.
8. SUBSCRIPTION AND CANCELLATION
In order to ensure smooth services with Website Learners, you may choose automatic renewal option. Accordingly, such paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price, unless you turn-off the auto-renewal option. You may turn-off the auto-renewal option for renewing paid Services at any time via your User Account.
You may cancel your registration with Website Learners at any time by clicking on “Deactivate your Account”. The cancellation of the Services shall come into effect from the date of end of paid Services Subscription period. Website Learners may cancel your registration at any time with immediate effect if any of the terms and conditions of this Agreement are violated you.
You may cancel your order within 3 (Three) business days from the date of purchase of the Order. After a period of 3 (Three) days has elapsed from the date of purchase of your order, you shall not be able to cancel Your Order.
Where You have already watched 20 (Twenty) percent of the content of Website Learners courses, or where Website Learners has already undertaken design of the Website and has purchased any tools/services for creation of website and/or domain name, You will not be eligible for any cancellations and refunds even if such cancellation request is within a period of 3 (Three) business days.
All Website Learners courses are accessible for a lifetime or till such time as Website Learners is keeping the courses live on its Website, whichever is later. However, Website Learners guarantees access for a minimum period of 1 (One) year.
Upon cancellation request being approved, refunds will be issued in the original payment method used during the purchase. All refunds will be made via local bank transfers within 15 (fifteen) days from the date of approval of your cancellation request.
For any cancellation requests, you can send an email at email@example.com. Website Learners reserves all rights to reject any cancellation request as it deems fit.
Website Learners may charge the buyer for a sum as processing charges for return/cancellation.
9. USE OF CONTENT
Except as expressly indicated to the contrary in any applicable additional terms, Website Learners 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:
- You shall access and use the Content solely for personal, informational, and internal purposes, in accordance with this Agreement;
- You shall not modify or alter Content available on the Website;
- You shall not distribute or sell, license or otherwise make the Content available on the Website available to others; and
- 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.
10. 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. Website Learners does not provide any guarantee with respect to the accuracy, title, non-infringement or fitness for a particular purpose of any Third Party Content. Website Learners 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. Website Learners 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 services described thereon.
11. 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 Website Learners 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. Website Learners 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 Website Learners or respective third parties. You are not permitted to use the Marks without the prior consent of Website Learners 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, Website Learners owns all intellectual property rights to and into the trademark ” Website Learners “, and the Website, including, without limitation, any and all 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 Website Learners or thirty party owner of such Content.
12. TERM AND TERMINATION
The Agreement will continue to apply until terminated by either you or Website Learners as set forth below. If you want to terminate your agreement with Website Learners, You may do so by clicking on “deactivate your account” button.
You agree that Website Learners may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Website Learners determines that you have violated the terms of this Agreement.
Website Learners may, at any time, with or without notice, terminate this Agreement with You if:
- Website Learners 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;
- Website Learners has elected to discontinue, with or without reason, access to the Website, or;
- In the event Website Learners faces any unexpected technical issues or problems that prevent the Website from working;
- 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 Website Learners chooses to terminate them.
When you use the Website or generate inquiry or contact us or make a communication with Website Learners, You agree and understand that you are communicating with Website Learners through electronic records and you consent to receive communications via electronic records from Website Learners periodically and as and when required. Website Learners 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.
14. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
The Website, Services, Content, User Content and any Third Party Content are provided by Website Learners on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise.
To the maximum extent permitted by applicable law, Website Learners will have no liability related to any Content including Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Website Learners 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 Website Learners 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.
Website Learners has endeavored to ensure that all the information on the website is correct, but Website Learners neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or service. Website Learners 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, Website Learners shall not be held responsible for 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 Website Learners’ 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. Website Learners is not responsible for any typographical error leading to an invalid coupon. Website Learners accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
You agree to indemnify, defend and hold harmless Website Learners, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after 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 in the Agreement(s), in no event shall Website Learners, 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 Website Learners 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.
16. GENERAL PROVISIONS
Governing Law and jurisdiction: This Agreement and all transactions entered into on or through the Website and the relationship between you and Website Learners 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 Website Learners 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: Website Learners reserves the right to change, suspend or terminate any of the its Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Website Learners’ Services (including removal of any materials created by you in connection with the Website Learners’ Services) for any reason and/or change any of the Website Learners Terms with or without prior notice – at any time and in any manner. You agree that Website Learners will not be liable to you or to any third party for any modification, suspension or discontinuance of those Website Learners’ Services.
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 Website Learners pursuant to this Agreement should be sent to Grievance Officer at firstname.lastname@example.org
Grievance Officer – Mr Muthumanikandan, Website learners
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. Website Learners’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Website Learners to any third parties without the requirement of seeking your prior consent.
Principal to Principal Relationship: You and Website Learners are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Website Learners.