OUR TERMS AND CONDITION OF USE
These terms and
conditions govern the way in which we supply products to you, including
any eLearning courses. Please carefully read the following terms
before accessing this site or using a course. By accessing the
site (which includes, visiting, registering, purchasing or accessing a
course) you accept and agree to all the terms, covenants and conditions
imposed in this agreement.
These terms and conditions (“Terms and Conditions”) control your use of this website courses.wagonslearning.com In these Terms and Conditions, “Wagons Learning Limited.” is referred to as the “Company”, “us”, “we”, “Wagons”.
The website (courses.wagonslearning.com),
the e-Learning courses made available through the site and the
content (the ‘Products’, ‘Service’) are owned, operated and
maintained, as applicable, by Wagons (‘we’, ‘our’, ‘us’, or the
‘Company’). The Site, Products, Service and Content are, collectively,
the ‘Company Products’
As some of our Services may be software that
is downloaded to your computer, phone, tablet, or other device, you
agree that we may automatically update this software, and that
these Terms will apply to such updates.
BY USING THIS WEBSITE
OR ITS PRODUCTS AND SERVICES, YOU AGREE AND WARRANT THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE
TERMS, INCLUDING THE POLICIES REFERENCED IN THESE TERMS,
REPRESENT A BINDING CONTRACT BETWEEN YOU AND US WITH REGARD TO
THE SERVICES. YOU INDICATE YOUR AGREEMENT TO THESE TERMS BY
CLICKING OR TAPPING ON A BUTTON INDICATING YOUR ACCEPTANCE OF THESE
TERMS, BY EXECUTING A DOCUMENT THAT REFERENCES THEM, OR BY USING THE
SERVICES. THEREFORE, PLEASE READ THESE TERMS CAREFULLY, AND CONTACT US
AT info@wagonslearning.com IF YOU HAVE ANY QUESTIONS.
These
terms tell you how we will provide products to you, how you
and we may change or end the contract, what to do if there is a
problem and other important information. These terms and conditions are
in addition to the Website Disclaimer and apply to the sale
of any Online Course and/or Products. Please read these terms
and conditions carefully before purchasing an Online Course
and/or Taught Course and print off a copy for your records. All rights
not expressly granted in these terms are hereby reserved.
CONDITION OF USE
By
using this website, you agree that you have read, understand and agree
to comply with these terms. You also agree to review this
agreement periodically to be aware of modifications to the
agreement, which modifications Wagonslearning.com may make at any time.
Your continued use of this site will be deemed your conclusive
acceptance of any modified agreement.
PRIVACY POLICY
Before
you continue using our website, we advise you to read our
privacy policy. Company’s privacy policy can be found at
courses.wagonslearning.com (‘privacy policy’) regarding our user data collection. It will help you better understand our practices.
THIRD PARTY CONTENT
Through
the Services, you will have the ability to access and/or use
content provided by instructors of programs offered as part of
the Services, other users, and/or other third parties and links
to websites and services maintained by third parties. Wagons cannot
guarantee that such third party content, in the Services or elsewhere,
will be free of material you may find objectionable or otherwise
inappropriate or of malware or other contaminants that may harm
your computer, mobile device, or any files therein. Wagons
disclaims any responsibility or liability related to your access or use
of such third party content. It is clarified that Wagons does not have a
principal-agent or employer-employee relationship with any instructor,
user or third party and shall not have bear any liability or
responsibility on behalf of such persons / entities
LINKS TO THIRD PARTY SITES
Wagons
Website may present links to third party websites not owned
or operated by the Wagons. Wagons shall not be responsible for the
availability of these sites or their content. Wagons shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the User's
use of or reliance on any content of any such site or goods
or services available through any such site.
PAID SERVICES: FEE AND PAYMENT FOR COURSE REGISTRATION
Wagons
offer paid Services for a fee. Wagons will charge
registration (subscription) fees for access to Course and may
change the fees charged at any time. Any change, update, or
modification will be effective immediately upon posting through
the relevant Services. Unless otherwise stated, Wagons quotes and
issue invoices in India Rupees (INR) only. You agree to provide payment
for the Products in the stipulated currency and you will be
liable to pay any relevant conversion charges, as well as
applicable sales tax in your region, at the rates in effect
when the charges were incurred. Please note that we must
receive your payment in full before providing you with access
to the Services and/or Products.
The fee options available to
you will be presented within the program descriptions and at
the point of registration. Access to the training will be
available for the registration term specific to each program
type as stated in the program descriptions following completed payment
for the training. Your access to the course will be terminated at the
end of the term in effect.
You also are responsible for any
charges incurred to access the Training, such as telephone and
other equipment charges, and fees charged by an Internet access
provider or other third-party service.
Your payment includes the
licensing of the Services and/or Products for a limited period of time
that is appropriate for the eLearning content. We are unable to
provide a refund if you fail to complete the content within the
allocated time, except at our absolute and sole discretion.
We
reserve our right to review and change the pricing of any of
our products. This will not affect products that have already been
purchased.
COURSE EXTENSIONS
Course access can be
extended for a number of periods up to a year. The cost of an extension
period is calculated as a percentage of the full course cost (without
any discount applied) as follows:
- 1 Month = 10%
- 3 Months = 20%
- 6 Months = 30%
- 12 Months = 50%
CANCELLATIONS
Courses purchased cannot be cancelled and may not be transferred to other individuals.
PASSWORDS
Wagons embers should access their purchased courses with their existing membership number and password.
Non
wagons members should register for online purchasing after
clicking the 'buy now' link. Non members use their email address
and password to gain access to their courses.
Your login details
are the methods used by us to identify you and so are very
important. You are responsible for any payments due for services
accessed through the website by anyone using your password
details. Any information regarding someone using your password details
should be advised to the Wagons office immediately.
MODIFYING AND TERMINATING OUR SERVICES
We
are constantly changing and improving our Services. We may add or
remove functions, features, or requirements, and we may suspend or
stop a Service altogether. Accordingly Wagons may terminate your
use of any Service for any reason. If your use of a paid
Service is terminated, a refund may be available as assessed on
a per case basis solely at the discretion of Wagons. Wagons
and its directors, instructors, its contributors, sponsors, and other
business partners, and their employees, officers, staff, contractors,
and other agents (the "Wagons Parties") shall not have any
liability to you for any such action. You can stop using our
Services at any time.
We may also terminate your access to our
Services if it comes to our knowledge that you have violated any of
these Terms, our Privacy Policy, any other applicable policies or
agreements between us, or any applicable laws. In this regard, we may
further take any such necessary action, including legal recourse and
removal of any non-compliant information shared by you.
DISCLAIMERS
The
services and all included content are provided on an "As is"
basis without warranty of any kind, whether express or implied.
Wagons parties specifically disclaim any and all warranties and
conditions of merchantability, fitness for a particular purpose,
and non-infringement, and any warranties arising out of course of
dealing or usage of trade, whether express or implied. Wagons parties
further disclaim any and all liability related to your access or use of
the services or any related content. You acknowledge and agree that any
access to or use of the services or such content is at your own risk.
LIMITATION OF LIABILITY
To
the maximum extent permitted by law, Wagons parties shall not be liable
for any indirect, incidental, special, consequential, or punitive
damages, or any loss of profits or revenues, lost business
opportunities, whether incurred directly or indirectly, or any
loss of data, use, goodwill, or other intangible losses, resulting
from: (a) your access to or use of or inability to access or use the
services; (b) any conduct or content of any party other than
the applicable Wagons party, including without limitation, any
defamatory, offensive, or illegal conduct; (c) unauthorized
access, use, or alteration of your content or information; (d) these
terms; or (e) act, omission or negligence to which you contributed.
Wagons
total liability arising from or in connection with these
terms and conditions and in relation to anything which we may have
done or not done in connection with these terms and conditions and the
delivery of the Service (and whether the liability arises because of
breach of contract, negligence or for any other reason) shall not exceed
One Thousand Indian Rupees (1000 INR).
You acknowledge and agree
that the disclaimers and the limitations of liability set forth in
these terms of use reflect a reasonable and fair allocation of
risk between you and the Wagons parties, and that these
limitations are an essential basis to Wagons ability to make
the services available to you on an economically feasible basis.
You
agree that no claim may be brought more than six months after the last
date on which the Services concerned have finished or ceased to be
provided by Wagons. Others such claim are permanently barred.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless Wagons Parties
from any and all claims, liabilities, expenses, and damages,
including reasonable attorneys' fees and costs, made by any third party
related to: (a) your use or attempted use of the Services in violation
of these Terms; (b) your violation of any law or rights of any third
party; or (c) User Content, including without limitation any claim of
infringement or misappropriation of intellectual property or other
proprietary rights.
GOVERNING LAW
These terms and
conditions are governed by the laws of India and the competent
Courts at Pun shall have exclusive jurisdiction.
NO WAIVER
Neither
failure or delay on the part of any party to exercise any
right, remedy, power or privilege hereunder nor course of
dealing between the parties shall operate as a waiver thereof,
or of the exercise of any other right, remedy, power or
privilege. No terms shall be deemed waived, and no breach
consented to, unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. No waiver
of any rights or consent to any breaches shall constitute a
waiver of any other rights or consent to any other breach.
SEVERABILITY
If
any of these terms is held invalid or unenforceable under
applicable law, the remaining provisions shall continue in full
force and effect, and these terms shall be deemed reformed by
replacing such invalidated or unenforceable provision with a
valid and enforceable provision that corresponds as closely as
possible to the intentions of the parties as expressed by the
invalidated or unenforceable provision.
INTELLECTUAL PROPERTY
All
rights, title and interest in intellectual property rights
relating to the Products including copyright, patents, trademarks,
trade secrets, improvements, developments, proprietary
information, know-how, processes, methods, business plans or models
(including computer software and preparatory and design materials
thereof) and all other intellectual property (whether registered or
not) developed or created from time to time shall exclusively be
owned by Wagons.
The website and the video material, audio
material, text, images, graphics and other content available on the
Site (collectively, the “Content”) are protected by copyright, trademark
and other laws. Nothing that you see or read in the Course or
Products may be copied, reproduced, modified, distributed,
transmitted, republished, displayed or performed for commercial use.
You are not authorised to:-
- copy,
modify, reproduce, re-publish, sub-licence, sell, upload,
broadcast, post, transmit or distribute any of the Course Materials
without prior written permission;
- record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
- use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
- remove any copyright or other notice of Fitch Learning Ltd on the Course Materials;
- modify,
adapt, merge, translate, disassemble, decompile, reverse
engineer (save to the extent permitted by law) any software forming
part of the Online Courses.
Any unauthorized used as above
shall allow us to immediately terminate these terms and
conditions with you and cease to provide you with any Services,
including but not limited to access to the Online Courses.
In
consideration of the Fees paid by you, we grant to you a
limited, non-transferable, non-exclusive licence to use the Course
Materials and the software in respect of the Online Course
for the sole purpose of completing the Online Course and / or
attending the Taught Course.
INTELLECTUAL PROPERTY COMPLAINTS
We
respect the intellectual property rights of others. If you believe your
copyright has been violated on the Site, please notify us with a
description of the copyrighted work that you claim to be infringing your
IP; a description of where the material that you claim is
infringing is located on the Wagons website, with enough detail so
that we may find it on the website; contact Details – Address,
telephone number, and email address; a statement by you, that
the information which you provided is accurate and your claim of
the copyright or intellectual property is on your own behalf.
You can reach Wagons to notify your claims of copyright by email to
info@wagonslearning.comFORCE MAJEURE
Wagons
Learning Limited shall not be liable to you for any breach of
its obligations or termination under these terms and conditions
arising from causes beyond its reasonable control, including, but
not limited to, fires, floods, earthquakes, volcanoes and
other Acts of God, terrorism, strikes, delay caused by transport
disputes, failure to provide a course caused by a death in the trainer’s
family, illness of the trainer, Government edict or regulation.
CONFIDENTIALITY
Each
party shall keep the other party’s Confidential Information strictly
confidential and not use it otherwise than for the purposes of these
terms and conditions, and shall return it on demand and not retain
copies of it. Either party may disclose Confidential Information to its
legal and other advisors for the purposes of obtaining advice from
them. This clause shall continue notwithstanding termination of these
terms and conditions.
ENTIRE AGREEMENT
These terms and
conditions, together with the Website Disclaimer and Course
Specific Terms and Conditions are the entire agreement between
the parties and supersede any prior agreements and arrangements,
whether written or oral. You confirm that you have not relied on any
representations in entering into these and any other terms and
conditions with us. Nothing in this clause or terms and
conditions shall limit liability for any fraudulent misrepresentation.
NOTICES AND GRIEVANCE REDRESSAL
The contact details of the officer are as below
Name: Nitish Poojari
E-mail id:
nitish@wagonslearning.comAll the grievances and any discrepancies of the provider of information shall be redressed within one
month (30 days) from the date of receipt of grievance.
