Table of Contents
Legal Document

TERMS AND CONDITIONS

नियम और शर्तें

Last Updated: January 2025
Version 1.0
Uttar Pradesh, India
Company Information
Business Name ABHAY OMR
Business Type Sole Proprietorship
MSME Number AHTYU1873553756468200
State Uttar Pradesh, India
1

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").

Legal Foundation

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
Important Notice

If you do not agree with any part of these Terms, you must NOT use the platform.

2

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
3

Company Information

कंपनी की जानकारी

3.1 Legal Entity Details

Company Information
कंपनी की जानकारी
Business Name
ABHAY OMR
Business Structure
Sole Proprietorship (MSME)
MSME/Udyam Number
AHTYU1873553756468200
Registered State
Uttar Pradesh, India
Registered Office
0987/98 hthara hgae, htgfytj, ythgg fd, UP
Support Channel
WhatsApp Only
4

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
Legal Framework

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
5

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

Delivery Mode
Online - Web-based Dashboard (accessible via browser)
Standard Delivery Time
5 minutes (in most cases)
Maximum Delivery Time
3 business days
Subscription Period
1 Year (365 days) from activation date
Auto-Renewal
No - Manual renewal required before expiry
Access Hours
24x7 (subject to maintenance)
6

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
Strictly Prohibited

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.

7

Payment Terms

भुगतान की शर्तें

7.1 Payment Structure

Payment Timing
Full advance payment required BEFORE service activation
Payment Type
100% upfront (no EMI or installments)
Accepted Methods
UPI, Cash (in-person only)
Currency
Indian Rupees (₹) only
GST
Currently not applicable (will be updated if required by law)

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
8

Refund Policy

वापसी नीति

MONEY-BACK GUARANTEE
धन वापसी गारंटी
24 HOURS
Purchase के 24 घंटे के अंदर valid complaint पर

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

1
File Complaint
Contact via WhatsApp within 24 hours with order details, issue description, and evidence
2
Initial Response
We acknowledge within 6 hours and assign a Complaint ID
3
Investigation
Our technical team reviews the issue and attempts to resolve (24-48 hours)
4
Decision
If unresolvable: Refund approved | If resolved: No refund, issue fixed
5
Refund Processing
Refund initiated via UPI within 7 working days
9

Cancellation Policy

रद्दीकरण नीति

9.1 Cancellation by User

Cancellation Window
Within 24 hours of purchase
Valid Reasons
Technical issues that cannot be resolved
Cancellation Charges
None (NIL)
Process
WhatsApp request with details

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
10

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
Legal Consequences

Copyright Act, 1957 - Section 63: Criminal penalties for infringement: First offense: 6 months to 3 years imprisonment + ₹50,000 to ₹2,00,000 fine.

11

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

Strictly Prohibited
  • 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
12

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
13

Limitation of Liability

दायित्व की सीमा

Important Disclaimer

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
MAXIMUM LIABILITY CAP
अधिकतम दायित्व सीमा
In ANY event, our TOTAL liability shall NOT exceed:
The amount you paid for subscription OR ₹1,000 (whichever is lower)
14

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
15

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
16

Dispute Resolution

विवाद समाधान

Dispute Resolution Hierarchy

1
Informal Negotiation
Contact via WhatsApp, Timeline: 15 days, Cost: Free
2
Mediation
Mutually appointed neutral third party, Timeline: 30 days, Cost: Shared equally
3
Arbitration
Single arbitrator, Seat: Lucknow, UP, Rules: Arbitration and Conciliation Act, 1996
4
Litigation
Courts of Lucknow only, Exclusive Jurisdiction
Class Action Waiver

You AGREE that all disputes will be resolved on an INDIVIDUAL basis. You WAIVE the right to participate in class actions or consolidated arbitrations.

17

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
EXCLUSIVE JURISDICTION
विशेष क्षेत्राधिकार

Seat of Arbitration: LUCKNOW, Uttar Pradesh, India

Exclusive Court Jurisdiction: COURTS OF LUCKNOW ONLY

18

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
19

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
Deemed Acceptance

CONTINUED USE OF PLATFORM AFTER AMENDMENT = ACCEPTANCE

If you do not agree with the amendments, stop using the platform immediately.

20

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
Third-Party Disclaimer

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.

21

Communication & Notices

संचार एवं सूचनाएं

OFFICIAL COMMUNICATION CHANNEL
आधिकारिक संचार चैनल

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)
22

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.

23

Grievance Redressal

शिकायत निवारण

Grievance Officer Details
शिकायत अधिकारी विवरण
Name
[Your Full Name]
Designation
Proprietor & Grievance Officer
Contact
[Your WhatsApp Number]
Working Hours
Mon-Sat, 10 AM - 6 PM

Grievance Timeline

Acknowledgment
Within 24 hours of receiving complaint
Resolution
Within 15 days of receiving complaint
Extension
Up to 30 days for complex cases (with explanation)

Escalation Options

If not satisfied with Grievance Officer's response:

1
Grievance Officer (Internal)
First level of complaint resolution
2
Consumer Disputes Redressal Commission
District / State / National level for service deficiency complaints
3
Data Protection Board
For privacy issues (when operational under DPDP Act, 2023)
4
Civil Courts, Lucknow
For contractual disputes
Our Commitment

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.

24

Contact Information

संपर्क जानकारी

Contact Information
संपर्क जानकारी
Legal Name
ABHAY OMR
Business Type
Sole Proprietorship (MSME)
MSME/Udyam No.
AHTYU1873553756468200
Proprietor
[Your Full Name]
Registered Address
0987/98 hthara hgae, htgfytj, ythgg fd, Uttar Pradesh, India
Primary Contact
WhatsApp - [Your Number]
Website
[Your Website URL]
Support Hours
Mon-Sat, 10:00 AM - 6:00 PM IST

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
Physical Office Visit

By Appointment Only: If you wish to visit our office, please book an appointment via WhatsApp first. Walk-ins may not be entertained.

25

Acceptance

स्वीकृति

ACCEPTANCE OF TERMS
शर्तों की 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

Legal Validity

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

For Users Below 18 Years

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
END OF TERMS AND CONDITIONS
नियमों और शर्तों की समाप्ति
Document Title
Terms and Conditions
Document Type
Legal Agreement
Version
1.0
Last Updated
January 2025
Effective Date
January 2025
Parties
Abhay OMR and Users

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।