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Terms and Service

 

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:-
  1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
  2. record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
  3. use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
  4. remove any copyright or other notice of Fitch Learning Ltd on the Course Materials;
  5. 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.com

FORCE 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.