Terms Of Service

These Terms of Use (“Agreement”) are entered into between Website Learners Private Limited (“We/Us/Company”), a company incorporated under the provisions of Companies Act, 2013 having its registered address at *******, ******,******** India – 571401 and End Users (“You/Your”) who are willing to avail Services offered through our website podgom.com (“Website”).

This Agreement is an electronic record that forms an electronic contract under the Information Technology Act, 2000 and the rules made thereunder and as amended from time to time. This Agreement does not require any physical, electronic or digital signature. By clicking on the I AGREE button, You agree to the terms and conditions of this Agreement.

1. INTRODUCTION

Website Learners Private Limited provides WordPress website creation and hosting services and provides support management system through its Website podgom.com (hereinafter referred to as “Services”). These Terms of Service contain important information about Your legal rights and cover use of the Website, products, application, tools, services, and features.

2. DEFINITIONS

“Applicable Law” means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, by-laws, notifications, guidelines, policies, directions, directives, circulars and regulations of any governmental authority having jurisdiction over the Parties as such are in effect as of the date hereof or as may be amended, modified, re-enacted or revoked from time to time hereinafter;

“Client Website” shall mean Your website that is created and hosted as per the services provided by the Company; 

“Intellectual Property Rights” shall mean as defined in clause 7;

“Parties” shall mean collective reference to the Company and Yourself;

“Party” Shall mean reference to the Company or Yourself;

“Services” shall mean provision of the Website for WordPress Client Website creation and hosting the same and also includes support management services;

“Third Party” shall mean all those Persons who are neither the Users nor a part of the Company in any manner and who are not a party to this Agreement but can still sue under this Agreement and includes all those Persons who or linked on the Website in any manner;

“Users” shall mean Persons visiting, or using the Website in any manner;

“Website” shall mean www.makemywp.com

3. APPLICABILITY OF THIS AGREEMENT 

3.1 THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. BY USING THE WEBSITE AND ITS SERVICES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, WHETHER YOU HAVE READ THE SAME OR NOT.

3.2 This Agreement includes these Terms of Service, Acceptable Use Policy and Privacy Policy which are incorporated here by way of reference and you are requested to carefully read both these documents.

3.3 This Agreement is subject to revision by the Company at any time without any prior notice. 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 the Agreement. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.

4. ELIGIBILITY TO USE

The Website is available for usage only to those Persons who are capable of entering into the Contract as per the Applicable Law. All persons who are either minors, un-discharged insolvents, or incompetent to contract as per the Applicable law are not eligible to use the Website. Company reserves the right to refuse You the access to the Website if it is brought to the notice of the Company or it is discovered that You do not possess capacity to enter into this Agreement. If You are representing a business entity, You represent that You are duly authorized by such business entity, that You have capacity to enter into this Agreement, and have the authority to bind the business entity with this Agreement.

5. ACCOUNT CREATION AND REGISTRATION OBLIGATIONS

5.1 In order to be able to use the Services of the Company through the Website, You may be required to register and open an account with the Website. You may choose among the various service plans available.

5.2 At the time of registration and during the course of using the Website, You agree to furnish all the requisite details and information that the Company may request from time to time. You shall be responsible for maintaining confidentiality of all such information furnished to the Company including without limitation, login credentials, password, display name etc. You further declare and affirm that all the details provided to the Company by You and uploaded on the Website 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, Company shall have right to terminate this Agreement and deactivate Your account on the Website without giving any refunds.

5.3 You may request closure of account at any time by putting a request at “Deactivate Your Account” section. Upon receipt of Your request, we will not charge Your account for any further Services. Your account will remain in force till the next billing cycle after which Your account will be permanently deleted. However, from the date of receipt of request till the date when account is deleted, You may cancel the request and continue to use our Services. Upon deactivation, all the Services that were availed using the Website shall cease to be available.

5.4 Company may retain certain information after deactivation, including but not limited to Your registered mobile no., email ID, GSTIN, etc. for audit purposes. At all times, this information will be handled in accordance with our Privacy Policy available.

 

6. PAYMENTS, AND REFUNDS

Payments

5. Company provides You with various service plans to choose from. Such plans may be on a monthly, quarterly, or yearly basis, and upon expiry of such period as applicable, Your account will be renewed by automatically deducting Your bank account using the payment method You shared at the time of registration. However, we will inform You about the upcoming billing cycle and payment of fee well in advance before charging You. You may cancel Your service plan at any time in accordance with clause 5.3;
6. Any transaction and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you.
7. Company may also provide certain Services free of cost for a certain period (“Free Trials”). At the time of opting for Free Trial, Company asks You for payment information and account details. If you have opted for Free Trial, upon expiry of Free Trial, Your account will be renewed by automatically deducting Your bank account using the payment method You shared at the time of registration. However, we will inform You about the upcoming billing cycle and payment of fee well in advance before charging You. You may cancel Your service plan at any time in accordance with clause 5.3 and 12.2.
8. All fees that is charged to You is exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You shall be responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid.
9. Company provides multiple modes of payment. You can pay via Debit/Credit cards, or net banking of all the popular banks;
10. If we are unable to deduct Your bank account in terms of clause A and C and/or if You fail to make the payment for our Services, company reserves the right to terminate this Agreement and deactivate Your account. Effect of such termination/deactivation shall be as mentioned in clause 10;
11. Company provides paid Services to You. Company reserves the right to modify/change the subscription amount or the Service fee or any other fees, change any terms of this clause as it may think fit at any time without any prior notice to You. However, such modification/change shall be made applicable prospectively;
12. You agree and understand that all payments shall only be made to bank accounts of the Company. Company 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 the Company. 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 the Company or to any personal account of any person, Company shall not be held liable for the same. User shall not hold any right to recover from the Company any amount which is transferred by you to any third party;
13. 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 the Company. You shall immediately inform the Company if such details are demanded by any of its agents’ employees or representatives. Company shall not be liable for any loss that you may incur for sharing the aforesaid details;
14. 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 which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card. The information provided by you under this clause shall be handled by the Company in accordance with its Privacy Policy.

Refunds and Cancellation

1. Company provides a 30 (Thirty) Day refund for all the paid Services that You Opt for on the Website for the first time. If you exercise this refund option, Company shall return the requisite amount to You using the same payment details that were shared by You at the time of registration;
2. Otherwise than in accordance with clause K, an Order once placed and executed shall not be cancelled under any circumstances. While You can opt for deactivation of Your account at any time, You won’t be issued a refund unless required by Applicable Law and except in our sole discretion;
3. All the Services provided by the Company are based on their knowledge and technical expertise. No cancellation can be sought on the grounds that the Services of the Company did not meet the expected standards of. Even otherwise, cancellation and refund is at the sole discretion of the Company;
4. The Company uses Third Party payment gateways to charge your account for the Payments. The processing of such payments shall always be subject to terms and conditions and privacy policy of these payment gateways.
5. Where the Website or the payment gateway that is linked to the Website experiences any server issues like slowdown/failure/session timeout, in such cases You are required to check if Your account has been debited before initiating second payment;
6. Refund for multiple payments, if any, due to errors mentioned above and where multiple payments have been made shall be refunded in full. The Website shall only retain cost of one single order as intended to be placed by You.

 

7. DOMAIN HOSTING SERVICES

The Company Sells generic top-level domain names (gTLDs) and country code top-level domain names (ccTLD). By purchasing a domain name from or transferring a domain name to the Company, You declare that You have read, understood, and agree to be bound by the following terms and conditions, as applicable:

<<>> Domain Registration Agreement

ICANN Registrant Rights and Responsibilities

ICANN Uniform Domain Name Dispute Resolution Policy

.IN Domain Anti-Abuse Policy

.IN Domain Name Dispute Resolution Policy (INDRP)

.IN INDRP Rules and Procedure

We shall not be responsible for any domain names associated with Our Service but are not registered through us.

1. Domain Name Registration
2. i)To apply for a Domain Name, You may place an order for purchase of Services through the Website. However, We do not guarantee that the domain name applied for at the time of placing order will be registered in Your name or is otherwise capable of being registered unless we send a notification regarding the acceptance of Your order and registration of the domain name;
3. ii) Domain names and related services shall be subject to termination and/or renewal in accordance with the Registrar policies. Domain name registration and renewal fees are non-refundable in any event.;

iii) As a part of the registration process, You may be required to furnish certain information to Us and promptly update us with any information We may require from time to time. You agree to give us complete and accurate information at all times;

1. iv) Registry may require You to confirm information at the time of registration and/or at the time of any change request before a domain name registration is completed/updated. In such an event, We/Registrar may send You an email notification with instructions to help You confirm Your details. If You fail to confirm details within a specified timeline, We may delete Your domain. You shall solely be responsible to follow instructions that We send to You to keep Your website in a good standing.
2. Domain Transfers
3. i) You can change the Registrar on record for an existing domain name in accordance with the transfer policy and requirements of the relevant Registry. Only a person listed as registrant (“Domain Name Owner”) may initiate request for transfer of domain name. By purchasing domain transfer Services from us you hereby represent that you are the Domain Name Owner or that you have been duly authorized by the Domain Name Owner to initiate a transfer;
4. ii) We may request You to furnish any additional documentation or information pursuant to such transfer request and You shall abide by such requests at all times. We reserve the right to cancel Your transfer request without giving any refunds in the event You do not furnish requested details.
5. Customer Responsibility
6. i) If any dispute occurs in relation to the domain name registered, Company will neither be a party in that dispute, nor will it facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either terminate this Agreement/deactivate Your account/suspend or cancel the domain name, and/or make appropriate representations to the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party;
7. ii) Any disputes for the ownership/registration of domain names shall be governed by ICANN’s UDRP or INDRP, as the case may be, and these are hereby incorporated in this Agreement by way of reference.
8. LICENSE FOR YOUR CONTENT

8.1 Company may enable you to post, upload, share, send, display, store transmit any information, data, software, domain names, materials, designs, images, videos, audios, or other content for the purpose of operating User Website (“User Content”).

8.2 You are the owner of User Content and fully retain all right, title, and ownership of User Content. The Company offers no express or implied warranty for the security of User Content. At all times, You shall be responsible for displaying appropriate notices and consent forms, agreements on the User Website as per the Applicable Law;

8.3 The Website facilitates creation of a User Website and hosts the same and for the said purpose, You grant a limited, non-exclusive, royalty free, perpetual license and authorize the Company, its affiliates to use, reproduce, publish, transmit, display, modify, commercially exploit Your Mark (whether registered or not) and all the Content in relation to Your products and/or services, uploaded on the User Website;

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Website and the processes, and their selection and arrangement, including but not limited to all servers, text, graphics, user interfaces, visual interfaces, artwork, images, audio, videos, website templates and widgets, source code, object and computer code (collectively, the “Content“) on the Website is owned and/or controlled by the Company 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. Company reserves the right to change or modify the Content from time to time at its sole discretion;

9.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of the Company. You are not permitted to use the Marks without the prior consent of the Company;

9.3 Except as expressly indicated to the contrary herein, Company hereby grants you a non-exclusive, revocable and non-transferable right to view the Content available on the Website, subject to the following conditions:

1. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with this Agreement;
2. You may not modify or alter Content available on the Website;
3. You may not distribute or sell, license or otherwise make the Content available on the Website available to others; and
4. The design, layout or look and feel of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

 9.4 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 the Company.

 

10. THIRD PARTY SERVICES

The Website may display or incorporate services (content, promotional material, website, apps, plugins etc.) of Third Party entities that are not under the control of the Company. Such Third Party services are not a part of the Services offered by the Company and this Agreement is not applicable to such Third Party services. At all times, Third Party services will be governed by their separate terms of use and privacy policy and this Agreement only extends to the Services provided by the Company. At no point shall Company be held liable or responsible for any Third Party services. You take sole responsibility and assume of risks and liabilities arising out of Your use of any Third Party services. Reference to any third Party service does not constitute its endorsement, sponsorship, or recommendation.

 

11. YOUR COVENANTS

11.1 Company grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided herein;

11.2 You agree to use the Services, Website and the Content (as defined herein) provided herein only for purposes that are permitted by: (a) this Agreement(s); and (b) any Applicable Law;

 11.3 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by the Company. 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 Content (as defined below), 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.

 11.4 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the Services. You are responsible for all such fees.

 11.5 You are advised to check the description of the Services carefully before registering on the Website. You agree to be bound by all the conditions as contained in the Registration page.

 11.6 You shall not collect any names, email addresses of any User(s) of the Website for the purpose of advertisement, solicitation, or Spam. You shall not send unsolicited email, junk mail, spam, promotions, or advertisements of any kind whatsoever.

 11.7 You shall not indulge in any such activities that interferes with or disrupts access to the Website. You shall not upload any files that contain viruses, corrupted files, or any other similar software or programme that may damage the operation of the Website or another’s computer.

 11.8 You shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

 11.9 You shall not 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;

 11.10 You shall not 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;

 11.11 You shall not use the Website or Content 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 the Company or other Third Parties;

 11.12 You shall not 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;

 11.13 You shall not violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

 11.14 You shall not violate any applicable laws or regulations for the time being in force within or outside India or violate any terms of this Agreement;

 

12. LIMITATION OF LIABILITY

 12.1 The Website, Services and the Content contained therein, are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise;

12.2 You expressly understand and agree that, to the maximum extent permitted by Applicable Law, Company will not be liable for any loss that You may incur as a consequence of unauthorized use of the Website, either with or without Your knowledge;

12.3 The Company has endeavored to ensure that all the information on the Website is correct, and not offensive, harmful, inaccurate, or deceptive. However, Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. You further understand that there may be risks in dealing with underage persons or people acting under false pretenses. You shall accordingly use caution when using the Website.

12.4 Company 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, 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, Company 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 the Company’ control. Company accepts no liability for any errors or omissions, with respect to any information provided to You on the Website.

13. TERM AND TERMINATION

13.1 This agreement shall become a binding document between the Company and Yourself the moment You register yourself on the Platform;

13.2 You may terminate this Agreement by requesting to close Your account at any time by putting a request at “Deactivate Your Account” section on the Website. Upon receipt of Your request, we will not charge Your account for any further Services. Your account will remain in force till the next billing cycle after which Your account will be permanently deleted. However, from the date of receipt of request till the date when account is deleted, You may cancel the request and continue to use our Services. Upon deactivation, all the Services that were availed using the Website shall cease to be available.

13.3 Upon termination, Your account with the Website will be deactivated and all the Services provided to you till the date of termination shall cease to exist.

14. INDEMNIFICATION

 14.1 You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, contractors, agents and their directors, officers, employees (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, or result from, in connection with Your breach of the Agreement(s)

 

15. RELATIONSHIP OF PARTIES

15.1 The arrangements between the Parties under this Agreement have been entered into on a principal-to-principal basis and do not create any employee-employer relationship between the Parties. Nothing contained in this Agreement shall be deemed to create any partnership, joint venture between the Parties or a merger of their assets or their fiscal or other liabilities or undertakings or create any employment or relationship of principal and agent between the Parties. None of the Parties shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Parties except as specifically provided by this Agreement.

16. DISPUTE RESOLUTION

 16.1 This Agreement and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed in accordance with the laws of India;

16.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the courts at 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.

17. WAIVER

17.1 The failure, with or without intent, of any Party hereto to insist upon the performance by the other Party, of any term or stipulation of this Agreement, shall not be treated as, or be deemed to constitute, a modification of any terms or stipulations of this Agreement. Nor shall such failure or election be deemed to constitute a waiver of the right of such Party, at any time whatsoever thereafter, to insist upon performance by the other, strictly in accordance with any terms or provisions hereof.

18. SEVERABILITY

18.1 If any term, condition, provision, covenant or clause, etc., of this Agreement is held by a court of competent jurisdiction or by amendment in the Applicable Law to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

19. COMMUNICATION AND NOTICES

19.1 All communications/requests or notices required to be given or made under this Agreement to the Parties shall be given in writing. Such communication/request or notice shall be deemed to have been duly given or made if the same is in writing and sent by e-mail or by personal delivery (a written acknowledgement in receipt thereof shall be sufficient evidence that the notice or other information has been duly given) or by registered post or by a recognized courier to the address of the relevant Party (if the same is not returned to the sender as undelivered, the communication/request or notice shall be deemed to have been given, seven days after the envelope containing it was so posted).  The address and other details of the Parties for the purpose of communication, unless otherwise notified in writing to the other Parties shall be as follows:

For the Company:

admin@podgom.com

For You:

[●]

20. REPORT ABUSE AND TAKE DOWN POLICY

In the event You come across any abuse or violation of this Agreement, or any behavior on part of any other Users normally regarded as unauthorized/unacceptable, the same shall be immediately reported to the Company, and Company shall take all possible steps within its reach to avoid such behavior, including but not limited to delisting /cancelling Order/deleting Client Website, as applicable, of the Users without assigning any reasons whatsoever.

If You become aware of any objectionable content on the Website, or if you believe your Intellectual Property Rights have been violated in any manner through the Website, please inform the Company.