By accessing our website ‘www.AbhishekThakkar.com’(“Website”).you agree to be bound by the provisions of these Terms of Service. The domain name, Website and the App is owned, registered and operated by “Brothers Mart India Pvt. Ltd.,” a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 23, 3rd Floor, Patel Avenue, B/H Gurudwara, S.G. Highway, Thaltej, Ahmedabad Ahmedabad GJ 380054 IN (hereinafter referred to as “Abhishek Thakkar” or“us” or “our” or “company”).
The domain name, Website and the App is owned, registered and operated by Brothers Mart India Pvt. Ltd., a private company incorporated under the (Indian) Companies Act, 2013, bearing CIN U74999GJ2018PTC101336 , and having its registered office at 23, 3rd Floor, Patel Avenue, B/H Gurudwara, S.G. Highway, Thaltej, Ahmedabad Ahmedabad GJ 380054 IN (hereinafter referred to as “Abhishek Thakkar” or “ us” or “we” or “our” or “Company”).
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version www.abhishekthakkar.com. Abhishek Thakkar may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
In order to access some of the features of the Service, you may have to create your account with Abhishek Thakkar. You agree and confirm that you will never use another User’s account without permission of the said User. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Abhishek Thakkar immediately of any breach of security or unauthorized use of your account. At no point in time will Abhishek Thakkar be liable for your losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Abhishek Thakkar or others due to such unauthorized use, if any.
Abhishek Thakkar takes no responsibility for any User Content, uploaded by Users on the Website and/or App, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content, and availing the Services provided herein.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.1. Abhishek Thakkar Content utilized in the Service which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics on the Service, are owned by or licensed to Abhishek Thakkar and subject to copyright and other intellectual property rights under the law.
Further, the programs made available on Abhishek Thakkar can be streamed live on the Website for a period of 2 years only, following which the video will be automatically deleted and access to the same shall be permanently shut down. To access the course/lessons the user should have:
1. a minimum of 3 Mbps speed internet connection for optimal usage of Abhishek Thakkar.
2. The program purchased on Abhishek Thakkar is exclusive for the users enrolled and who have paid and subscribed to it. You shall not give any unauthorized access or distribute or reproduce the Content to a third party.
The Service, 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 on the Website and/or App is owned and controlled by Abhishek Thakkar and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Abhishek Thakkar owns all IPR to and into the trademark “Abhishek Thakkar”, and the Website and/or App.
The mark “ Abhishek Thakkar” is the sole property of Abhishek Thakkar. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Abhishek Thakkar.
If you as a User has uploaded any content as an educator, then in consideration for the Content uploaded by you, Abhishek Thakkar shall make payment, if eligible, for the same based on the payment structure communicated to you from time to time.
If you as a User has registered for a course, the you have to make all the required payments for the said course within the timelines mentioned on the page of the respective course.
Payments shall be made within the timelines that are communicated to you. All payments made herein, shall be subject to applicable taxes and non refundable.
When you visit Abhishek Thakkar or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on this site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Abhishek Thakkar will terminate a user's access to the Service, if
1. the user is a repeat copyright infringer;
2. the users breaches any terms of these Terms of Service.
3. Violation of any applicable laws;
4. your use of the Service disrupts our business operations or affects any other party/ User; or
5. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Abhishek Thakkar.
6. Abhishek Thakkar reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Abhishek Thakkar deems fit from time to time. Abhishek Thakkar may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
7. We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.
If a user’s account is terminated for any of the above-mentioned reason in such cases, Abhishek Thakkar reserves the right, in its sole discretion, to terminate or suspend the user’s account with immediate effect. Upon suspension or termination of the User’s account:
1. Abhishek Thakkar shall at its sole discretion withhold or stop any and all payments that are to be made to such user and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
2. Payments shall not be made for the work that is the subject matter of any of the breaches.
3. User access shall be terminated immediately and the user shall not be able to access the said terminated account.
1. Abhishek Thakkar operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
2. As part of Abhishek Thakkar's copyright policy, Abhishek Thakkar will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
3 If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
4. Notice of Copyright Infringement:
1. Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we are an intermediary platform that allows general public to post content on its online platform. We have implemented procedures for receiving written notification of claimed infringements on the content uploaded on our online platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the website, including the educator name, topic and any other detail identifying the infringing content;
4. Your email address, your physical address and telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and.
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at info@AbhishekThakkar.com
1. Our policy to deal with Copyright infringements:
We follow a 3 strike policy- Three instances brought to our notice will lead to the educator getting banned from our platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked.
1. First case of violation- The content is taken down and educator is given a warning and is suspended for a week from making any new courses.
2. Second case of violation- The educator is suspended from making any more videos on the platform for a month and all instances of copyright violations are brought down immediately.
3. Third violation- The educator is banned from the platform and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of Abhishek Thakkar, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Service.
For the purpose of this clause Confidential Information shall include but shall not be limited be limited to pricing, payment terms, employee details, user list, business model, processes, ideas, concepts etc. relating to Abhishek Thakkar which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Abhishek Thakkar and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Abhishek Thakkar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Abhishek Thakkar EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON Abhishek Thakkar, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Abhishek Thakkar DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Abhishek Thakkar WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Abhishek Thakkar, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT Abhishek Thakkar, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, Abhishek Thakkar LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT Abhishek Thakkar SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY Abhishek Thakkar FROM ITS FACILITIES IN INDIA. Abhishek Thakkar MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Abhishek Thakkar, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
Eligibility to use and Acceptance of the Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please talk to your parents before using this website.
Abhishek Thakkar reserves the right to refuse access to use the Services offered at the Website and/or App to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. You agree and acknowledge that your use of the Website and/or App and the Services is subject to the most current version of the Terms of Service made available on the Website and/or App at the time of such use.
Abhishek Thakkar shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Certain laws in India prohibit and impose restriction on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and Abhishek Thakkar will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
The Terms of Service are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.
If any part of these Terms of Service is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Services shall be in writing to the registered office of Abhishek Thakkar. We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered withy by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.