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.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.
