Terms of Service
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 PLUGIN, 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 Plugin. You are requested to regularly visit the Plugin to view the most current terms contained in this document. Your continued use of the Plugin, following such changes, will constitute your acceptance of those changes.
2. ABOUT US
WP Payments is a digital platform that exists on the World Wide Web via different electronic media. The Plugin is engaged in allowing website admins/owners to accept payments through their websites using different payment methods (“Payments”). By subscribing to our Plugin, either free or paid, you agree to:
- Provide current, complete, and accurate information about yourself as prompted to do so by the Plugin;
- 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 Plugin to any new users or to terminate access already granted to you at any time without according any reason for doing so.
You shall not have more than one active Account (defined below) on the Plugin. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another person.
5. USER OBLIGATIONS
Website Learner grants You a non-exclusive, non-sublicensable, non-transferable, revocable, and limited right to access and use this Plugin.
You agree not to access (or attempt to access) the Plugin by any means other than through the interfaces that are provided by Website Learners. You shall not use any deep-link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Plugin or in any way reproduce or circumvent the navigational structure or presentation of the Plugin, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Plugin.
When you use the Plugin, 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, ethnically 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 offense or prevents investigation of any offense, 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 Plugin or the Services (or the servers and networks which are connected to the Plugin);
- attempt to gain unauthorized access to any portion or feature of the Plugin, any other systems or networks connected to the Plugin, to any Website Learner server, or to any of the Services offered on or through the Plugin, by hacking, password mining, or any other illegitimate means;
- probe, scan, or test the vulnerability of the Plugin or any network connected to the Plugin, nor breach the security or authentication measures on the Plugin or any network connected to the Plugin;
- disrupt or interfere with the security of, or otherwise cause harm to, the Plugin, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Plugin or any affiliated or linked sites;
- use the Plugin 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.
6. PAYMENT TERMS
The Plugin provides free Services for certain basic Services like integrating Stripe with your website, access to different payment methods like Credit card, GPay, Apple Pay and
7. 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 Plugin, 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 Plugin;
- You shall not distribute or sell, license, or otherwise make the Content available on the Plugin available to others; and
- You shall not remove any text, copyright, or other proprietary notices contained in the Content available on the Plugin.
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 Plugin. Such elements of the Plugin 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 Plugin (“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 that 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 it and does not endorse, any website linked to the Plugin / Services or the information appearing thereon or any of the services described thereon.
9. INTELLECTUAL PROPERTY RIGHTS
The Plugin 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 Plugin 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 Plugin, 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 Plugin (“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 Plugin, 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 third-party owner of such Content.
When you use the Plugin or generate inquiry or contact us or communicate 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.
11. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
The Plugin, 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 Plugin or any Services, either with or without your knowledge.
Website Learners has endeavored to ensure that all the information on the Plugin 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 plugin or related functionalities, the provision of or failure to provide functionalities, or for any information, software, and functionalities obtained through the Plugin, or otherwise arising out of the use of the Plugin, whether based on contract, tort, negligence, strict liability or otherwise. Further, Website Learners shall not be held responsible for the non-availability of the Plugin during periodic maintenance operations or any unplanned suspension of access to the Plugin 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 Plugin 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 and hold harmless Website Learners, its subsidiaries for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of our software, or in violation of any terms of this license.
13. GENERAL PROVISIONS
Governing Law and jurisdiction: This Agreement and all transactions entered into on or through the Plugin 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 Plugin, this Agreement, or any transactions entered into on or through the Plugin 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 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 Plugin. 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.