Terms of Use

M/s.Winsmart Enterprise’s is a Firm , with its registered office at Pune, Maharashtra, India. (Hereinafter referred to as “Firm”), is the sole owner of the website www.winprolearning.com (“Website”, which expression shall include any versions of the Website designed for use on mobile phones and other devices) and associated domain names, trademarks and mobile applications.

The Firm Provides Various Digital Products such as Online Courses, Informative Data, in various forms such as , but not limited to PDF, Video, PPT , etc. These Terms of Use (“Terms”) constitute a binding contract between Firm and you or the business you represent (“User”) as a Seeker of Services from the Firm. User’s registration, use or access to the Services shall be governed by these Terms. If User does not agree to these Terms, User must not access or use the Website or the products or other services provided by the Firm in any manner.

Without prejudice to any other specific requirement which may be laid out in these Terms, User’s use of the Services and specifically, User’s acceptance of these Terms as aforesaid shall be deemed to be a representation from the User that the User is fully able and competent to lawfully enter into and form contracts, and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.

1. Services

The Firm offers to every registered User or it’s paid customer downloadable Digital Products through it’s website www.winprolearning.com
Notwithstanding anything to the contrary in these Terms, if the User becomes aware of any errors on the Website, the User shall contact the Firm with the details of the errors and corrections. The Firm shall make all reasonable efforts to carry out the corrections but shall not have any further liability to the User in respect thereof.

2. Applicability of The Terms

By the User’s use of the Website, User hereby gives unconditional consent to:

These Terms.
The “Privacy Policy” available for view on the Website
Any other notice, disclaimer, policy, or term of use, refund policy by whatever name called, which may be applicable to the use of the Services from time to time.

3. Registration

As a precondition to use the Services on the Website, User may be required to register and log in to the User account. The User may register on the Website by filling the specified forms and providing the Firm requisite personal details, including but not limited to User’s name, phone number, E-mail ids specified by the Firm from time to time. The User hereby represents and warrants that any information the User provides for the aforesaid purpose is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time.
The Digital Products available on our are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or legal guardian can use purchase our Digital Products. In such case the parent or legal guardian shall be considered as the User for the purpose of Law.
In order to provide the Services effectively, the Website may use cookies or other methods of collecting information about User’s use of the Services. User hereby waives any objection to the same. Please note that if the User disables cookies and such features, User may not be able to avail of the Services effectively, and the Firm shall not be responsible for the same.
Notwithstanding anything to the contrary in these Terms, the Firm reserves the right to restrict access to some or all parts of this Website or to discontinue any aspect of the Services at any time.
It is recommended that the device used by the User for the purpose of purchase of Digital Products Online Coaching / Knowledge Workshop should not contain or store sensitive information such as bank information or other financial details.

4. Rights and Obligations of The Parties

Responsibilities of the Firm: The Firm, shall Offer Digital Downloadable Products after payment of fees / charges for the same by customer or user.

Responsibilities of the Customer : The Customer shall pay the Firm the relevant charges towards the Product /Services in the manner specified by the Firm from time to time.

5. Consideration And Payment Terms

The User shall pay the Firm in the following manner:(a) The User / Customer shall pay the relevant fees at the time of purchase of Digital Product.
All payments shall be made by, Google Pay, Phone Pe, Credit Card, Debit Card or such other method as the Firm may specify from time to time. Responsibility of making such payments shall be of the Customer. Customer should carefully study Privacy Policy and Terms of Use of such Payment Service Providers or Third-Party Applications. Persons below the Age of 18 years should refrain from using such payment methods. Firm shall not be responsible in any way for the financial fraud, hacking , etc which may occur while paying fees to the Firm.
While availing any of the payment method/s available on the Website or Otherwise, the Firm will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to (and not limited only to):
1. Lack of authorization for any transaction/s; or
2. Payments exceeding the present limit mutually agreed by User and between bank/s; or
3. Any payment issues arising out of the transaction; or
4. Decline of transaction for any other reason/s
User understands, accepts and agrees that the payment facility provided by Firm is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Firm’s Website using the existing authorized banking infrastructure and credit card payment gateway networks, etc. Further, by providing payment facility, the Firm is neither acting as trustee nor acting in a fiduciary capacity with respect to the particular order.

6. Representations and Warranties

User hereby represents and warrants that:
User is authorized to accept these Terms and perform all User’s obligations hereunder.
User shall perform User’s obligations diligently

7. Amendments

These Terms may be amended at any time by the Firm. All such amendments shall be binding on the User effective 24 (twenty-four) hours after the amended Terms are made available on the Website. It shall be User’s sole responsibility to check this page regularly to take notice of any changes the Firm may have made to these Terms. If User does not agree with any amendment, the User shall stop User’s usage of the Services with no liability from the Firm to User .
It shall be solely the User’s responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

8. Digital Products

1. User agrees, understands and acknowledges that the Firm Offers Digital Products.

2.The User only Information through it’s Digital Products and does not provide any kind of Certification and is not a Certification Authority. Further, the Firm does not guarantee any kind of Certification, Job, Performance in any Examinations , Success in Business, Monetary Gains , etc by using Digital Products offered by the Firm. Application of the knowledge gained by the customer through the Digital Products of the Firm, shall be at sole discretion of user/ customer and the Firm shall not be responsible for any failure / liability arising out of the same.

9. Use Of The Services

User hereby represents and warrants that the User shall make use of the Product / Services of Firm as a prudent, reasonable and law-abiding citizen.
The Firm shall not be responsible for the unavailability of the Website / third party applications or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server uptime, network availability and connectivity.
User agrees not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
User shall not use the Product / Services of Firm to do anything that is contrary to the law, decency or morality.
User shall not use the Product /Service of Firm to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.
User shall not take any action that would cause the Firm to suffer any types of losses.
In User’s use of the Services, User shall always comply with all applicable laws.
User shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content on /of the Website and the reference material provide in Digital Product.
User agrees not to hack, circumvent, disable, corrupt or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. User shall also not attempt to affect the performance or functionality of any facilities available on the Website on which the Digital Product is made available.
In User’s use of the Product /Services, User shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the Product /Services.
Except for the Product/ Services explicitly provided, the Firm does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third party information, products or services are advertised on the Website or the Third Party Applications used for extending / delivery of Digital Product. The Website / Third Party Application may contain links to other websites (“Linked Websites”), which are not moderated or operated by the Firm. The Firm has no control over the Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from User’s use of such Linked Websites. User’s use of the Linked Websites will be subject to the terms of use and service of such Linked Website.
The Firm will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to User’s use of the Website or download of any material from the Website or User’s use of Third Party Applications for the Digital Product provided by the Firm or recommended by the firm.
Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. The Firm shall report any such breach and disclose User’s identity to the relevant law enforcement authorities.

10. Termination and Suspension

Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between User and the Firm, Firm may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to User.
Without prejudice to the foregoing: Firm reserves the right to terminate these Terms without notice and without liability to the User on becoming aware that the User has violated these Terms or any other guidelines and rules published in respect of the Product /Services.

11. Warranty

No Advice OR Information, whether oral or written , obtained by user through the Product /Service will constitute or create any representation or warranty not expressly stated herein as against the Firm.
User expressly agrees that use of Product / Service is that the User’s sole risk. The Product / Service and any data , information , third party software, reference sites , service or software made available in conjunction with or through the Product / Service are provided on an “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
The User hereby agrees that the Firm does not provide any Insurance regarding the Product/ Services rendered by it on it’s own or through its affiliates or vendors or agents.

12. Intellectual Property

The FIRM and its licensors, if any, shall be the sole and absolute owners of the Products /Services, including but not limited to the idea behind the Product /Services, the copyright in all content on the Website and all trademarks, designs, logos and other insignia of trade used on the Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trademark and trade secret and other intellectual property laws of India and other countries. User may use the content supplied solely for the User’s own personal use. User is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to User or which appears on this Website nor may User use any such content in connection with any business or commercial enterprise. Any copying of any part of the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Firm, including for civil wrongs and criminal offences.

13. Limitations of Liability

The firm has undertaken great care to ensure that all the information on the website is accurate, but the firm neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. in no event shall the firm, its officers, partners and employees, or its contractors, agents, licensors, partners, or suppliers be liable to the user for any direct, special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), whether based on contract, tort, negligence, strict liability or otherwise, even if the firm or an authorized representative has been advised of the possibility of such damages, arising out of or relating to (i) the use or the inability to use the services; (ii) unauthorized access to or alteration of user’s transmissions or data; (iii) delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, or (iv) any other matter relating to the Product / Services, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Product or Service. if the foregoing limitation is not enforceable, the maximum liability of the firm shall be Rs. 1000/- (Indian Rupees One Thousand Only).
User acknowledges and agrees that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the user and the firm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between user and firm. the firm would not be able to provide the service to the user on an economically reasonable basis without these limitations.
The firm shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond firm’s control. User understands and agrees that any material and/or data downloaded or app download / access or otherwise obtained through the website or third party application used for providing Product / Service is done entirely at user’s own discretion and risk and user will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The services are controlled and offered by the Firm from its facilities in India. if you are a user outside India, please take note the firm is subject only to Indian law and only to the jurisdiction of Indian – Pune City Courts. The Firm makes no representations that the services are appropriate or available for use in other locations. Therefore, if you are a user outside India, you may use the services solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.

14. Indemnity

User hereby agree to defend, indemnify and hold harmless the Firm, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees arising from: (i) User’s use of the Services; (ii) User’s violation of any term of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Services.

15. Governing Law and Miscellaneous

These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of law’s provisions.
Disputes, if any, shall be attempted to be resolved amicably within thirty (30) days. User hereby consents to the exclusive jurisdiction of the Courts in Pune city.

3. All headings used in these Terms are for convenience only and shall not affect the construction hereof.

No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed.

5.If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, is so far as practical, implement the purposes hereof.

6.The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

7. If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, epidemic and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar embargo to the making of the payments.

8. The right to use the Services is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity.

End Of Terms of Use