These Terms & Conditions (“Terms”) of (a) use of our website www.winspiremagazine.com (“Website”), our application WinspireGo (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including the magazine between Winspire Edutech Solutions (“Company/We/Us/Our”) and its users (“User/You/Your”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail. Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without a subscription) through any means shall signify your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non-transferable.
1. All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and Products are the proprietary property of the Company. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
2. Your use of our products, Website, Application and Services is solely for your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited.
3. By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such material in any and all media or distribution methods (now known or later developed) and to associate your material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your material in accordance with these Terms. If you delete your user account, your material and name may remain available through the Services.
4. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the application. Any feedback from the user is most welcome to make the Application and contents thereof error-free and user-friendly. The Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5. Our Application/ Website/ other products provide Users with access to compiled educational information and related sources. Such information is provided to users on through check, but sometimes some errors may occur. For those errors, the Company assumes no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
6. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
7. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website or application, irrespective of whether we have certified any answer uploaded by the user. We would not be responsible for verifying whether such questions/answers or contents placed by any User contain infringing materials or not.
8. The Company may be based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the user through SMS, e-mail and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The user expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the user’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, e-mail etc.
Payment, Deliveries, Fees, Cancellation and Refunds
I. Payments and Fee Collections
As a subscriber to our App or our Magazine, you agree to pay, using a valid debit or credit card (or other forms of payment) which we may accept from time to time.
1. For APP: The cost of subscriptions to the application is currently free. We will inform through the e-mail or message when it is about to charge. We (our Company) will share all the information regarding the subscription period and payments with you once it is treated as a premium.
2. For Magazine: As a subscriber to our magazine, you agree to pay, using a valid debit or credit card (or other forms of payment) which we may accept from time to time. The cost of subscriptions to the magazine will not include the cost of shipping and handling. You need to select the mode of delivery which includes the cost of shipping and handling.
II. Deliveries
1. Through Registered Post/ Courier:
-> Within India: Rs. 1499 INR (Tracking Available, in time delivery, With Acknowledgment)
-> The Magazine will be deliver to you on or before 10th of every month. Minimum 2 and Maximum 7 working days
2. Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of magazines in the following circumstances:
-> Where the issuer of your payment card refuses to authorise payment to us;
-> Where you choose general post, and the delay or failure is due to circumstances beyond our control or the control of our executives, including, incorrect address or insufficient address entered by subscriber, postal department delays, postman delays, electricity power failure, and utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees. (In this case, we do not resend or refund any amount for the delay in delivery and non-delivery.)
->Where you choose Registered Post/ Courier, and the delay or failure is due to circumstances beyond our control or the control of our executives, including, incorrect address or insufficient address entered by subscriber, postal department delays, postman delays, electricity power failure, and utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees. (In this case, we will track the consignment or will resend or do refund the amount for that particular month delay or non-delivery of the magazine.)
III. Cancellation and Refunds
Either you or Winspire Edutech Solutions may terminate or cancel your subscription at any time and receive a refund for the unused portion of your order. You can cancel your subscription by contacting Customer Services at winspiremagazine@gmail.com or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 48 hours after we receive your request. Refunds of your subscription will be made after (i) deducting the full single-issue cost for each magazine you have been sent, including shipping (ii) deducting the cost for the used portion from the date of subscription to the date of cancellation. We also reserve the right to collect any outstanding fees, surcharges, or costs incurred before your cancellation takes effect.
1. Upon registration through any means whatsoever, the Company may contact you through the registered mobile number or e-mail or any other mobile number or contact number or e-mail provided by you to enable effective provision of Services. The user expressly permits the Company to contact him/her and the student utilising the Services, through the above-mentioned means at any time post-registration. .-. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The user expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the user or through any other forum.
2. To access the Services and to avail the use of the Application/products, you shall be required to register yourself with the Application/Services/products and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the application. With respect to the provision of information, the following may be noted:-
-> It is your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
-> You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from Your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password, or we may suspend your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
-> You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability, and the Company cannot guarantee accessibility to the application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log in to Your account and access the services of the application at any time.
3. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products or Services. As a minor, if you wish to use our products or Services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the application.
4. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the application. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
5. To access the Services and to avail the use of the Application/products, You shall be required to register yourself with the Application/Services/products and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the application. With respect to the provision of information, the following may be noted:-
-> It is your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
-> You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password, or we may suspend your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
-> You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability, and the Company cannot guarantee accessibility to the application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to you for any damages arising from your inability to log into your account and access the services of the application at any time.
6. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor, if you wish to use our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the application.
7. In the event of your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
8. Any violation by you of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
9. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, and you hereby accede to and accept the jurisdiction of such courts.
10. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the application. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
11. DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
Customer Service If you find any issues with the App or with our services, including magazine, please contact our Customer Services at winspiremagazine@gmail.com.
Feedback: Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development, and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances unless specified.
-> Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful, or offensive. Please exercise caution while accessing the Application.
