Agreement to Terms
शर्तों की स्वीकृति
1.1 Binding Agreement
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" / "आप" / "Student" / "Teacher" / "Institute") and Abhay OMR ("Company" / "We" / "हम" / "Platform").
This agreement is governed by the following Indian laws:
- Indian Contract Act, 1872 - Section 2(h): "An agreement enforceable by law is a contract."
- Indian Contract Act, 1872 - Section 10: A valid contract requires free consent, lawful consideration, and lawful object.
- Information Technology Act, 2000 - Section 10A: Electronic contracts are legally valid and enforceable.
1.2 Acceptance of Terms
By accessing or using the Abhay OMR platform, you confirm that:
- You have READ these Terms and Conditions carefully
- You UNDERSTAND all the terms and their legal implications
- You AGREE to be legally bound by these Terms
- You possess the legal CAPACITY to enter into this agreement
If you do not agree with any part of these Terms, you must NOT use the platform.
Definitions
परिभाषाएं
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
2.1 Service-Related Terms
| Term | Definition (English) | परिभाषा (हिंदी) |
|---|---|---|
| "Platform" | The Abhay OMR website and all related services, features, and functionalities | अभय OMR वेबसाइट और संबंधित सभी सेवाएं |
| "Dashboard" | The user's personal account interface where exams can be attempted and created | उपयोगकर्ता का व्यक्तिगत खाता इंटरफ़ेस |
| "Services" | All features, functionalities, and content provided through the platform | प्लेटफॉर्म के माध्यम से प्रदान की जाने वाली सभी सुविधाएं |
| "Content" | Exams, questions, study materials, and all intellectual property on the platform | परीक्षाएं, प्रश्न, अध्ययन सामग्री |
| "PYQ" | Previous Year Questions from various entrance examinations | विभिन्न प्रवेश परीक्षाओं के पिछले वर्षों के प्रश्न |
| "Subscription" | Yearly paid access to platform services | सेवाओं तक वार्षिक सशुल्क पहुंच |
2.2 User-Related Terms
| Term | Definition (English) | परिभाषा (हिंदी) |
|---|---|---|
| "User" | Any person or entity using the platform | प्लेटफॉर्म का उपयोग करने वाला कोई भी व्यक्ति या संस्था |
| "Student" | Individual user who attempts exams for personal study | व्यक्तिगत उपयोगकर्ता जो परीक्षा का प्रयास करता है |
| "Teacher" | User with privileges to create student IDs and schedule exams | छात्र ID बनाने और परीक्षा निर्धारित करने के विशेषाधिकार वाला उपयोगकर्ता |
| "Institute" | Coaching centers, libraries, or educational institutions using our services | कोचिंग सेंटर, पुस्तकालय, या शैक्षणिक संस्थान |
| "B2B Partner" | Business entity that resells or provides our service to end users | व्यावसायिक इकाई जो हमारी सेवा को पुनर्विक्रय करती है |
Company Information
कंपनी की जानकारी
3.1 Legal Entity Details
Eligibility
पात्रता
4.1 Age Requirements
| Activity | Minimum Age | Additional Requirements |
|---|---|---|
| Using the Platform | No age limit | For educational purposes only |
| Creating an Account | 18 years | Must be legally competent to contract |
| Minors (Below 18) | Any age | Must use through Parent/Guardian account |
Indian Contract Act, 1872 - Section 11: "Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject."
Indian Majority Act, 1875: Age of majority in India is 18 years.
4.2 Geographic Eligibility
- AVAILABLE: India Only (all states and union territories)
- NOT AVAILABLE: International users, overseas locations
Reason: Our services are designed specifically for Indian entrance examinations and comply with Indian laws only.
4.3 Other Eligibility Criteria
To use our services, you must:
- Have a valid mobile number registered in India
- Provide accurate and truthful information
- Not be prohibited from using the service under any Indian law
- Not have been previously banned from the platform
- Accept and comply with these Terms and Conditions
Services Provided
प्रदान की जाने वाली सेवाएं
5.1 Included Services
| S.No. | Service Name | Description |
|---|---|---|
| 1 | PYQ Dashboard Access | Attempt previous year entrance examination questions |
| 2 | Self-Exam Creation | Create customized practice exams for yourself |
| 3 | Exam Sharing | Share exam files with friends and study groups |
| 4 | Performance Analytics | Track your exam attempts and scores |
| 5 | Teacher Features | Create student IDs, schedule exams, monitor progress |
| 6 | Technical Support | WhatsApp-based support with 7-day resolution target |
5.2 Services NOT Included
- Custom Feature Development: We do not create special features for individual users
- Offline Access: The platform requires active internet connection
- Data Recovery: Recovery of user-deleted data or content
- Guaranteed Results: We do not guarantee exam success or specific scores
- Physical Materials: Printed books, notes, or physical study materials
5.3 Service Delivery
User Accounts
उपयोगकर्ता खाते
6.1 Account Types
| Account Type | Created By | Privileges | Can Create |
|---|---|---|---|
| STUDENT | Abhay OMR / Teacher / Institute | Attempt PYQs, Create self-exams, Share exams | Nothing |
| TEACHER | Abhay OMR / Institute | All student features + Student ID creation | Student accounts |
| INSTITUTE | Abhay OMR only | All features + Bulk management | Teacher & Student accounts |
6.2 Account Security
User Responsibilities:
- Keeping your login credentials (ID and password) confidential
- Choosing a strong, unique password
- Not sharing your account with anyone else
- Logging out from public or shared devices
- Immediately reporting any unauthorized access
Sharing your account, creating multiple accounts for the same user, or selling/transferring your account is strictly prohibited and will result in immediate account termination.
Payment Terms
भुगतान की शर्तें
7.1 Payment Structure
7.2 Price Changes
- Abhay OMR reserves the right to change service prices at any time
- Price changes will NOT affect existing active subscriptions
- New prices will apply only at the time of renewal
- Once paid, your price is locked for the full subscription period
Refund Policy
वापसी नीति
8.1 Refund Eligibility
You ARE eligible for refund if:
- Dashboard has a technical defect that cannot be resolved
- Service provided is significantly different from what was promised
- Dashboard is not activated within 3 business days
- Promised features are missing and cannot be provided
8.2 Refund Exclusions
You are NOT eligible for refund if:
- Complaint made after 24 hours (refund window expired)
- Issue was resolved by our technical team
- Service was used substantially
- Change of mind or personal reasons
- Third-party issues (internet, device, browser)
- User error (forgot password, wrong information)
8.3 Refund Process
Cancellation Policy
रद्दीकरण नीति
9.1 Cancellation by User
9.2 Cancellation by Abhay OMR
We reserve the right to cancel your subscription if:
| Reason | Notice | Refund |
|---|---|---|
| Terms violation | No notice | No refund |
| Illegal activity | No notice | No refund |
| Payment fraud | No notice | No refund |
| Abusive behavior | No notice | No refund |
| Technical issues (our end) | With notice | Pro-rata refund |
| Business discontinuation | 30 days notice | Pro-rata refund |
Intellectual Property Rights
बौद्धिक संपदा अधिकार
10.1 Ownership
Abhay OMR owns:
- Platform Software, Website Design & Layout, Database & Compilation
- Brand Name "Abhay OMR", Logo & Graphics
- PYQ Content (compilation), Source Code, Algorithms & Logic
10.2 What You CANNOT Do
- Copy, reproduce, or duplicate platform content
- Reverse engineer, decompile, or disassemble the software
- Remove or modify any copyright notices
- Use content for commercial purposes without permission
- Use automated systems to scrape data
Copyright Act, 1957 - Section 63: Criminal penalties for infringement: First offense: 6 months to 3 years imprisonment + ₹50,000 to ₹2,00,000 fine.
User Conduct & Obligations
उपयोगकर्ता आचरण एवं दायित्व
11.1 User Responsibilities
- Provide accurate and truthful information
- Keep login credentials confidential
- Use the platform only for lawful purposes
- Treat other users and staff with respect
- Follow these Terms and Conditions and Privacy Policy
11.2 Prohibited Activities
- Sharing your account or login credentials with others
- Attempting to hack, breach, or bypass security
- Uploading viruses, malware, or malicious code
- Using the platform for any illegal purpose
- Harassment, bullying, or threatening other users
- Scraping data using automated tools or bots
- Impersonating staff, teachers, or other users
Account Termination
खाता समाप्ति
12.1 Termination by Abhay OMR
We may terminate your account immediately without notice for:
- Violation of Terms & Conditions
- Illegal or criminal activity
- Payment fraud or chargeback abuse
- Abusive behavior towards users/staff
- Hacking or security breach attempts
- Sharing account with multiple users
12.2 Effects of Termination
- All access to dashboard terminated immediately
- Login credentials deactivated
- Ongoing activities/exams terminated
- Cannot access previously created content
Limitation of Liability
दायित्व की सीमा
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
प्लेटफॉर्म "जैसा है" और "जैसा उपलब्ध है" के आधार पर किसी भी प्रकार की वारंटी के बिना प्रदान किया जाता है।
13.1 We Are NOT Liable For
- Service interruptions, downtime, maintenance, technical glitches
- Data loss, corruption, unauthorized access, breaches
- Third-party problems: ISP issues, device problems, browser compatibility
- User errors: forgotten passwords, accidental deletions
- Force majeure events: natural disasters, pandemics, government orders
- Indirect damages: loss of profits, business opportunities, reputation
- Exam results: failures, low scores, qualification denials
Indemnification
क्षतिपूर्ति
You agree to indemnify, defend, and hold harmless Abhay OMR, its proprietor, employees, agents, and affiliates from and against any claims, demands, lawsuits, losses, liabilities, damages, costs, and expenses arising from:
- Your violation of these Terms
- Your illegal activities
- Infringement of third-party IP rights
- Your content or conduct
- False information provided by you
- Unauthorized use of your account
Force Majeure
अप्रत्याशित घटनाएं
Force Majeure means events beyond our reasonable control that make it impossible to perform our obligations.
Force Majeure Events Include
| Category | Specific Events |
|---|---|
| Natural Disasters | Earthquake, flood, cyclone, tsunami, lightning, landslide |
| Health Emergencies | Pandemic, epidemic, widespread disease outbreak, quarantine |
| Political Events | War, terrorism, invasion, civil war, riots, revolution |
| Government Actions | Emergency regulations, lockdowns, internet shutdowns |
| Technical Failures | Internet backbone failure, power grid collapse |
| Cyber Events | Large-scale DDoS attacks, infrastructure hacking |
Dispute Resolution
विवाद समाधान
Dispute Resolution Hierarchy
You AGREE that all disputes will be resolved on an INDIVIDUAL basis. You WAIVE the right to participate in class actions or consolidated arbitrations.
Governing Law & Jurisdiction
शासी विधि एवं क्षेत्राधिकार
These Terms shall be governed by and construed in accordance with the laws of India, including:
- Indian Contract Act, 1872 - Contract validity and enforcement
- Information Technology Act, 2000 - Electronic contracts and cyber laws
- Digital Personal Data Protection Act, 2023 - Data protection
- Consumer Protection Act, 2019 - Consumer rights
- Copyright Act, 1957 - Intellectual property
Seat of Arbitration: LUCKNOW, Uttar Pradesh, India
Exclusive Court Jurisdiction: COURTS OF LUCKNOW ONLY
Privacy & Data Protection
गोपनीयता एवं डेटा सुरक्षा
Our Privacy Policy is an integral and inseparable part of these Terms and Conditions. By accepting these Terms, you also accept our Privacy Policy.
Data Protection Summary
| Data Type | Examples | Purpose |
|---|---|---|
| Identity Data | Name, Father's name, Mother's name | Account identification |
| Contact Data | 2 Mobile numbers | Communication, support |
| Account Data | Login credentials, Date of joining | Account management |
| Usage Data | Exams attempted, time spent | Service improvement |
| Technical Data | IP address, browser type, device info | Security, technical support |
Your Data Rights
- Right to access your data
- Right to correct inaccurate data
- Right to delete your data
- Right to withdraw consent
- Right to file grievances
Amendments
संशोधन
Abhay OMR reserves the absolute right to modify these Terms and Conditions at any time.
| Amendment Type | Examples | Notice Required |
|---|---|---|
| Minor | Typo corrections, clarifications, formatting | No separate notice |
| Moderate | Policy updates, additional terms, feature changes | Website announcement |
| Major | Price increases, core feature removal, fundamental changes | Website + WhatsApp notification |
CONTINUED USE OF PLATFORM AFTER AMENDMENT = ACCEPTANCE
If you do not agree with the amendments, stop using the platform immediately.
Third-Party Services
तृतीय-पक्ष सेवाएं
We use the following third-party services to operate the platform:
| Service Provider | Service Type | Our Liability |
|---|---|---|
| VPS Hosting Provider | Server hosting | Not liable for their downtime or data loss |
| WhatsApp (Meta) | Customer support, notifications | Not liable for message delivery failures |
| UPI Service Providers | Payment processing | Not liable for payment gateway failures |
We are NOT LIABLE for VPS provider's downtime, ISP connectivity issues, WhatsApp delivery failures, payment gateway errors, third-party data breaches, or third-party service discontinuation.
Communication & Notices
संचार एवं सूचनाएं
Primary: WhatsApp Only
All official communications including account info, service updates, support, legal notices, and payment confirmations will be via WhatsApp.
| Communication Type | Response Time |
|---|---|
| Technical Support Queries | 24 hours (acknowledgment), 7 days (resolution) |
| Payment Issues | 6 hours |
| Account Access Issues | 12 hours |
| General Queries | 48 hours |
| Legal Notices | 7 days |
| Complaints | 24 hours (acknowledgment), 15 days (resolution) |
General Provisions
सामान्य प्रावधान
22.1 Severability
If any provision is found invalid or unenforceable, it shall be modified or severed, and remaining provisions continue in full force.
22.2 Entire Agreement
For B2C Users: These Terms + Privacy Policy = COMPLETE AGREEMENT
For B2B Partners: These Terms + Privacy Policy + Separate B2B Contract = COMPLETE AGREEMENT
22.3 Assignment
- Abhay OMR CAN assign to any successor, affiliate, or acquirer without your consent
- User CANNOT transfer, assign, or sublicense your account or rights
22.4 No Waiver
Our failure to enforce any provision does NOT mean we waive that provision or our right to enforce it in the future.
Grievance Redressal
शिकायत निवारण
Grievance Timeline
Escalation Options
If not satisfied with Grievance Officer's response:
We commit to respond to all genuine grievances, conduct fair and impartial investigations, provide timely resolution, maintain continuous improvement based on feedback, and ensure respectful and transparent communication.
Contact Information
संपर्क जानकारी
Department-Wise Contacts
| Department | Contact | Response Time |
|---|---|---|
| Customer Support | WhatsApp - [Number] | 24 hours |
| Technical Issues | WhatsApp - [Number] | 12 hours |
| Payment Queries | WhatsApp - [Number] | 6 hours |
| Grievances | Grievance Officer - [Number] | 24 hours (acknowledgment) |
| B2B Partnerships | WhatsApp - [Number] | 48 hours |
By Appointment Only: If you wish to visit our office, please book an appointment via WhatsApp first. Walk-ins may not be entertained.
Acceptance
स्वीकृति
BY USING THE ABHAY OMR PLATFORM, YOU ACKNOWLEDGE AND CONFIRM THAT:
- You have READ these Terms and Conditions in their entirety
- You have had the opportunity to seek independent legal advice (if desired)
- You UNDERSTAND all the terms, provisions, and their legal implications
- You AGREE to be legally bound by these Terms and Conditions
- You have the legal CAPACITY to enter into this binding agreement
- If you are below 18 years, your Parent/Guardian has read, understood, and accepted these Terms on your behalf
- You accept the Privacy Policy as an integral part of this agreement
- You agree to the Dispute Resolution provisions including arbitration and exclusive jurisdiction
- You understand and accept the Limitation of Liability provisions
- Your acceptance is FREE and VOLUNTARY without any coercion
25.1 Method of Acceptance
You accept these Terms by:
- Creating an account on the platform
- Using the platform in any manner
- Clicking "I Agree" checkbox (if presented)
- Making payment for subscription
- Accessing dashboard after account creation
Any of the above constitutes binding acceptance.
25.2 Electronic Acceptance
Your electronic acceptance (clicking, using platform, etc.) is legally valid and binding under:
Information Technology Act, 2000 - Section 10A: "Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose."
25.3 Minor Users - Parental Acceptance
If the user is below 18 years, the Parent/Legal Guardian must:
- Confirm that they have read these Terms and Conditions
- Accept these Terms on behalf of the minor
- Understand that they are legally responsible
- Agree to supervise the minor's use
- Accept liability for minor's actions
This document may not be reproduced, distributed, or transmitted in any form without prior written permission of Abhay OMR.
© 2025 Abhay OMR. All Rights Reserved. | सर्वाधिकार सुरक्षित।