TERMS OF SERVICE AGREEMENT

LAST REVISION: 2021

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.wecreateproblems.com or www.wecp.in (the “Website”), WeCP Pvt. Ltd. (“Business Name”) offer assessment problems for purchase through this Website or information of the assessment problems available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. WeCP Pvt. Ltd. reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. WeCP Pvt. Ltd. will alert you that changes or revisions have been made by indicating the date it was last revised on the top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. WeCP Pvt. Ltd. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with WeCP Pvt. Ltd. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS/SERVICES

Terms of Offer. This Website offers for sale of certain products (the “Products”) or the services (the “Services”). By placing an order for Products or Services through this Website, you agree to the terms outlined in this Agreement.

  • Customer Solicitation: Unless you notify WeCP Pvt. Ltd. sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you agree to continue to receive further emails and call solicitations WeCP Pvt. Ltd. and its designated in house team(s).
  • Opt-Out Procedure: We provide 3 easy ways to opt-out from future solicitations.
    • You may use the opt-out link found in any email solicitation that you may receive.
    • You may also choose to opt-out via sending your email address to admin@wecreateproblems.com.
    • You may send a written removal request to “We Create Problems, #4th Floor, #2628, 27th Main Road, Sector 1, HSR Layout, Bangalore, KN 560102”.
  • Proprietary Rights: WeCP Pvt. Ltd. has proprietary rights and trade secrets in the Products or Services. You may not copy, reproduce, resell or redistribute any Product/Servies manufactured and/or distributed by WeCP Pvt. Ltd. WeCP Pvt. Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
  • Your Use of Products or Services: The Products or Services offered by WeCP Pvt. Ltd. are solely your non-commercial use for in-house assessment purposes. Any resale or other commercial use of Products or Services offered by WeCP Pvt. Ltd. is strictly prohibited under this Agreement. WeCP Pvt. Ltd. does not offer its Products or Services to entities that may commercially use its Products or Services to compete with WeCP Pvt. Ltd. in the assessments industry.
  • Sales Tax: If you purchase any Products/Services, you will be responsible for paying any applicable sales tax.

II. WEBSITE

Content: Intellectual Property; WeCP Pvt. Ltd does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that WeCP Pvt. Ltd does create the content on this Website; such content is protected by India’s intellectual property laws, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. WeCP Pvt. Ltd does not endorse the contents on any such third-party websites. WeCP Pvt. Ltd is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of website: WeCP Pvt. Ltd is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam,” chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from WeCP Pvt. Ltd or the applicable third party (if third party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant WeCP Pvt. Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. WeCP Pvt. Ltd does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. WeCP Pvt. Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. WeCP Pvt. Ltd reserves the right but has no obligation to monitor interactions between and among users of the Website and to remove any content WeCP Pvt. Ltd deems objectionable.

III. DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. WeCP Pvt. Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning the products or website content, or any reliance upon or use of the website content or products. (“Products” include Trial products.) Without limiting the generality of the foregoing, WeCP Pvt. Ltd makes no warranty: The information provided on this website is accurate, reliable, complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely, whether oral or written, no advice or information obtained by you from this website will create any warranty not expressly stated herein. The results may be obtained from the products’ use, or that defects in products will be corrected regarding any products purchased or obtained through the website. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

IV. LIMITATION OF LIABILITY

WeCP Pvt. Ltd entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website. WeCP Pvt. Ltd will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless WeCP Pvt. Ltd, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to WeCP Pvt. Ltd. When WeCP Pvt. Ltd is threatened with suit or sued by a third party, WeCP Pvt. Ltd may seek written assurances from you concerning your promise to indemnify WeCP Pvt. Ltd; your failure to provide such assurances may be considered by WeCP Pvt. Ltd to be a material breach of this Agreement. WeCP Pvt. Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of WeCP Pvt. Ltd choice at its expense. WeCP Pvt. Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend WeCP Pvt. Ltd against any claim, but you must receive WeCP Pvt. Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/Services.

VI. PRIVACY

WeCP Pvt. Ltd believes strongly in protecting user privacy and providing you with notice of WeCP Pvt. Ltd.‘s use of data. Please refer to WeCP Pvt. Ltd privacy policy, incorporated by reference herein that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

  • Force Majeure: WeCP Pvt. Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
  • Cessation of Operation: WeCP Pvt. Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/Services.
  • Entire Agreement: This Agreement, together with the ‘Privacy Policy’, shall constitute the entire agreement between you and WeCP Pvt. Ltd. regarding the Product/Services, and supersedes any prior agreements pertaining to the subject matter contained herein.
  • Effect of Waiver: No failure or delay by WeCP Pvt. Ltd. in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right or acceptance of any variation of the Agreement, nor shall any single or partial exercise by WeCP Pvt. Ltd. of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision in this Agreement, or portion thereof, to be unlawful, invalid or unenforceable, then that provision shall be deemed severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The Courts of Bangalore, Karnataka shall have exclusive jurisdiction over any dispute arising out of, or in connection with, this Agreement. You hereby accede to and accept the jurisdiction of such courts.
  • Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
  • Limitation: Any legal action against WeCP Pvt. Ltd. arising out of this Agreement must be commenced within one (1) year of the occurrence of the alleged harm. Your failure to commence action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other laws to the contrary.
  • Termination: WeCP Pvt. Ltd. may terminate your access to the Website in its sole discretion for any reason or no reason, including your violation of this Agreement. You agree that any termination of your access to the Website may be affected without prior notice. In the event of your violation of this Agreement, WeCP Pvt. Ltd. may also initiate other remedies in law against you. You understand that the violation of this Agreement may also result in civil or criminal liability under applicable laws.
  • Injunctive Relief: In the event of your breach of this Agreement, you acknowledge that WeCP Pvt. Ltd. may be irreparably harmed and may not have an adequate remedy in money or damages. Therefore, in such event, WeCP Pvt. Ltd. shall be entitled to obtain injunction against such a breach from any court of competent jurisdiction. WeCP Pvt. Ltd.’s right to obtain such relief shall not limit its right to obtain other remedies.
  • Domestic Use: WeCP Pvt. Ltd makes no representation that the Website or Products or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  • Assignment: You may not assign your rights and obligations under this Agreement to anyone. WeCP Pvt. Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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