Terms of Use
Winning Leap Education Pvt. Ltd a company incorporated under the Indian Companies Act, 2013 (operating under the brand name as LearnQoch), is a leading EdTech company, incorporated in India having its registered office at 2403 Tropical Lagoon Dahlia Kavesar G B Road, Thane West 400615 Maharashtra, India. (hereinafter referred to as “Winning Leap “, “we“, “us“, or “our“)
Winning Leap provides the online courses and conducts the online classes, live demo, doubt clearing sessions for the users using or accessing our website: www.Winning Leap.com, mobile Application: Winning Leap, blog, any other online portal, product or services (hereinafter referred as the “portal“) through the computer, laptop, mobile, tablet, application programme interface or other electronic devices.
This Agreement contains important terms and conditions (terms/provisions) regarding legal rights, remedies and obligations between Winning Leap Education Pvt. Ltd. (Winning Leap /we /us /our /company) and its user (you/your) concerning to the use of our portal, registration, termination, suspension, disclaimers and other legalities concerned thereto.
The provisions of this agreement apply to Winning Leap portal, Winning Leap Education API terms, and the Privacy policy.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such an entity. If you specify a company name in connection with signing up for or ordering a service, you will be deemed to have placed that order and to have entered into this Agreement on behalf of such an entity.
Use of any Website, Application, products, services or other platforms of Winning Leap signifies that the user understands, accepts and agrees to be bound by these Terms and Conditions. If you do not accept and comply with this Agreement, you may not use the portal/products/services.
This Agreement is an electronic record under the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 as amended from time to time. In case of any discrepancy between the terms of this Agreement and other terms concerning the portal, this Agreement shall prevail. The failure to use/access the portal as per the terms and conditions mentioned in this agreement may subject you to the civil and criminal liabilities.
Therefore, please read these terms of service and the privacy policy carefully before accessing or using the Portal/Services/Products of Winning Leap.
1. Terms of Services.
a. Right to use.
Winning Leap grants the right to its user to access or use Winning Leap portal/products/services as per this Agreement. Such right to access or use is not transferable and does not cover the right to resell, reproduce or commercial use.
Use or access of our Portal with or without payment/with or without the registration shall signify your acceptance and willingness to be legally bound by the terms and conditions of this Agreement.
If you do not agree with the terms and conditions of this Agreement and the Privacy Policy, do not use or access our portal.
b. User Plan, Registration or Subscription.
Each user of the Winning Leap portal must be allocated an individual User Plan, whether they access the portal/products/service directly or indirectly.
By registering/subscribing for the products/ services offered by Winning Leap, the subscriber accepts to be bound by the terms and conditions of this agreement. The subscriber has to discontinue such registration/ subscription in case of disagreement with the terms and conditions. This is a binding legal Agreement between Winning Leap and the subscriber of its services.
c. Manner of use.
You may not:
- reverse engineer, decompile, disassemble or work around technical limitations in the Services, except to the extent that applicable law permits it despite these limitations;
- disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of the Services;
- rent, lease, lend, resell, transfer, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services component;
- use the Services for any purpose that is unlawful or prohibited by this Agreement; or
- use the services in any manner that could damage, disable, overburden, or impair any Winning Leap Education service, or the network(s) connected to any Winning Leap Education service, or interfere with any other party’s use and enjoyment of any Services.
d. Updates.
We may make changes to the services from time to time, including the availability of features; how long, how much or how often any given feature may be used and feature dependencies upon other services or software.
e. Preview features.
We may make features available on a Preview basis. Previews are provided “AS-IS”. Previews may be subject to reduced or different security, compliance, privacy, availability, reliability, and support commitments, as further explained in the Privacy Statement, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability”.
2. Software.
a. Using Winning Leap Education Software outside the Service.
Winning Leap Education may provide you with Winning Leap Education Software through or as a part of Proof Of Concept (POC) or for Production purposes. The termination of this Agreement terminates your right to possess or use such Winning Leap Education Software.
The suspension or termination of a User Plan suspends for a definite period or terminates the user’s right to possess or use any such Winning Leap Education Software.
In such case, you must delete all copies of such Winning Leap Education Software licensed under this Agreement and destroy any associated media as well.
b. Scope of rights.
Winning Leap is the owner or the authorised licensee of all intellectual property rights in our software/website Application/other online portals/products/services including study material drafts, text, graphics, logos, images and software. Those works are protected by copyright, trademark and other intellectual property laws in India.
Winning Leap and its authorised contributors are the authors of study material posted on the online portal.
The content of the Winning Leap Portal is protected by copyright, trademark and other intellectual property laws in India.
Winning Leap allows the user to access Winning Leap Education Software/portal/content/products/services subject to provisions of this agreement. Such access is a non-exclusive, limited, revocable licence to view, print, and distribute the content of Winning Leap portal. Such access is not a transferable right of the user. The user may download the extract, print one copy of such downloaded extract only for personal reference or non-commercial use.
Winning Leap does not grant the user any right or licence to its intellectual property unless expressly permitted in writing for the same in this agreement.
Intellectual properties of other entities such as trademarks, service marks, logos, graphics, etc. used on our portal are for identification only. Winning Leap does not claim any right on such intellectual properties. The user of our portal is bound by the legal policies of such entities in case of the violation of an intellectual property rights of such entities.
The user agrees not to violate any intellectual property right or other proprietary rights associated with the Winning Leap portal, software, content, graphics, products, service, logos, trade names, and any other proprietary designations.
The user agrees not to use, copy, photocopy, print, duplicate, reproduce, adapt, alter, obscure, modify, remove, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise affect the content owned or authored by the Winning Leap or its authorised contributors.
The user agrees not to delete any copyright notice from any material downloaded or printed.
The user may use the content available on the portal for non-commercial purposes and update knowledge.
The user agrees not to use the content available on the Winning Leap portal for any commercial purposes without our prior written consent of the Winning Leap.
In case of breach of any of these terms or conditions, the user loses the right to use/access to the portal. It may result in the confiscation of such material concerning which the user has violated the intellectual property rights of the Winning Leap. The user may also be compelled to return or destroy any copies of such material.
Winning Leap respects the intellectual property (IP) laws prevailing in India and expects its users to do the same. Winning Leap may suspend or terminate the account of the user in case of a notice of incidences of infringement of intellectual property rights of the owner of such IP by such user.
c. Third-party software.
You are solely responsible for any third-party software that you install, connect, or use with any Service. We will not run or make any copies of such third-party software outside of our relationship with you. You may only install or use any third-party software with any Service in a way that does not subject our intellectual property or
technology to any terms governing such software.
We are not a party to and are not bound by any terms governing your use of any thirdparty software. We do not grant any licenses or rights, express or implied, to such third-party software.
d. Open-Source software as part of the Service.
If the Service uses or distributes any third-party software with open-source software license terms (“Open-Source”), then such open-source is licensed to you by the Winning Leap Education solely to allow you to interact with the Service under terms of this Agreement. Copies of those applicable open-source licenses and any other notices, if any, are included for your information only.
e. Application programming interfaces.
Winning Leap Education will not assert any of its patent rights on account of your products calling application programming interfaces that it publishes on the Winning Leap portal (“APIs”) to receive services from the Winning Leap Education product that exposes the APIs.
3. Winning Leap Education Content.
All Winning Leap Education Content is the copyrighted work of the Winning Leap Education or its suppliers and is governed by the terms of the license agreement that accompanies or is included with the Winning Leap Education Content.
If the Winning Leap Education Content is made available to you on the Winning Leap Portal without a license agreement, then you may make a reasonable number of copies of the Winning Leap Education Content for your internal use.
You must preserve the copyright notice in all copies of the Winning Leap Education Content and ensure that both the copyright notice and this permission notice appear
in those copies. Accredited educational institutions, such as K-12 schools, universities, and private or public colleges may download and reproduce the Winning Leap Education Content for distribution in the classroom for educational purposes.
4. Security, privacy, and Customer Data.
a. Security.
Winning Leap values the privacy of the personal information of its user and strives at safeguarding the confidentiality of the user’s information. We maintain physical, technical, organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
The sharing of customer’s data to the authorised agencies is restricted to the extent of need and improvement in our products or services on the Portal.
Users may note that although we implement strict security policy, no security system can prevent all potential security breaches.
b. Privacy and data location.
We treat Customer Data under the terms herein and our Privacy Statement. We may transfer to, store, and process Customer Data in India or in any country where we or our Affiliates or subcontractors have facilities used for Developer Services. You will obtain any necessary consent or rights from end-users or others whose data or personal information or other data you will be hosting in the Services. The user may read the Privacy policy at https://Winning Leap.com/privacy-policy/ to know further details.
c. Rights to Provide Customer Data.
You are solely responsible for your Customer Data. You must have, and you hereby grant us, sufficient rights to use and distribute Customer Data (including Customer Data sourced from third parties) necessary for us to provide you the Developer Services without violating the rights of any third-party, or otherwise obligating the Winning Leap Education to you or any third-party. We do not assume any additional obligations that may apply to Customer Data except as required by applicable law.
d. Ownership of Customer Data.
Except for the software and the Content we license to you, as between the parties, you retain all the right, title and interest in and to Customer Data. We acquire no rights in Customer Data other than as described in this Section 4.
e. Use of Customer Data.
The Services transmit Customer Data to us, including usage and performance data and crash dumps you choose to send. We will use Customer Data to provide the Services. This use may include troubleshooting to prevent, find and fix problems with the operation of the Services and ensuring compliance with this Agreement. It may also include: providing you with suggestions to help you discover and use functionality within the Services; improving the features of our Services; and otherwise use patterns, trends, and other statistical data derived from Customer Data to provide, operate, maintain, and improve our products and services. We will not use Customer Data or derive the information from it for any (1) advertising or (2) other commercial purposes (beyond providing you with the Services) without your consent.
f. Customer Data return and deletion.
You may delete your Customer Data at any time. If you terminate your account with us, we may delete Customer Data immediately without any retention period. We have no additional obligation to continue to hold, export, or return Customer Data and have no liability whatsoever for the deletion of Customer Data as per this Agreement.
g. Third-Party requests of Customer Data.
We will not disclose Customer Data to a third-party (including law enforcement, other government entity, or civil litigant, but excluding our subcontractors) except as you direct or unless required by the law. We will ask any third-party demanding access to your Customer Data to contact you directly using your basic contact information. We will promptly notify you and provide a copy of the demand unless legally prohibited.You are responsible for responding to requests by a third-party regarding your use of
the Services.
h. Subcontractors.
We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide. We remain responsible for our subcontractors’ compliance with the obligations outlined in this Agreement.
i. Compliance with the law.
We will comply with all laws applicable to our provision of the Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to the information technology
services providers. You will comply with all laws applicable to your Customer Data, and use of the Services, including any laws applicable to you or your industry.
The user is solely responsible for compliance with all laws, rules, regulations applicable to you while using the Portal.
j. Claims of infringement.
We will inform you if we receive the notice claiming that your usage of our Portal infringes a third-party’s intellectual property rights, and in such instances, we may provide your basic contact information to the third-party. You will promptly respond to such complaints.
5. Customer accounts, customer conduct, identity services, and feedback.
a. Account creation.
If any of the services of our portal requires you to open an account, you must complete the registration process on the portal by providing us with current, complete and accurate information such as your name, age, contact number, e-mail address, location, residential address, academic details, parents’ details in case of minor account, school name, payment information (net banking/ credit card /debit card details) if required, and any other information deemed necessary by the user.
User agrees to provide true, current, accurate and complete information about yourself as requested on the Portal.
Valid information helps us to deliver the most suited products and services to you on our Portal. Kindly update your information in case of changes to your information to keep it up-to-date.
You may not select an account user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar, offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and Service identifiers in our sole discretion.
The user shall bear the capacity to enter into a valid contract as per the Indian Contract Act, 1872 to use or access our portal.
A minor may use or access the Portal and open the account through parents or legal guardians of such minor who agree and accept this Agreement and other legal documents of the Winning Leap.
The use or access by such a minor of our portal shall be assumed to be with the consent of their parents or guardians.
b. Responsibility for your accounts.
You are responsible for: any or all activities that occur under your account.
You are responsible to maintain confidentiality of user account, password, other login details. You are responsible for all activities done or content transmitted or broadcasted using your account or password.
Users may immediately inform us about any unauthorized use of the account.
You agree to maintain the confidentiality of any non-public authentication credentials associated with your use of the Services;
You may promptly notify our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Services.
You agree not to violate any law or order applicable to usage of the Portal.
You agree not to misuse or attempt to misuse our portal by way of knowingly introducing viruses, trojans or unlawful material, harassing, libellous, abusive, threatening, obscene, invading privacy, or infringing intellectual property rights of others, unauthorised access to our portal or any such acts done knowingly which will cause harm to the working of our portal.
You agree not to use our portal/products/services for any illegal purpose under the prevailing laws of India.
In the event of such acts against the terms of this Agreement, your rights under this Agreement may be terminated immediately without prior notice.
Winning Leap will not be responsible for the incidences of misuse of the portal by the user.
Winning Leap holds no responsibility to ensure the user’s conformity with the eligibility provisions.
c. Your conduct and the availability of third-party content and links to third Party content.
For any public, community interaction you undertake o the portal/product/services, you must follow the Winning Leap Education Community Code of Conduct. We have no obligation to monitor the content and communications of third parties on the portal/product/services; however, we reserve the right to review and remove any such materials posted to the Winning Leap Portal in our sole discretion. Third parties that participate on the portal/product/services are not authorized Winning Leap Education spokespersons, and their views do not necessarily reflect those of the Winning Leap Education.
d. Identity usage across Services.
We may use this information to identify you and authorize access to the Winning Leap Education Content, the Winning Leap Education Software, and other resources across the Services.
Winning Leap shall have the right to request addition or removal of your personal information if such information is suspected to be inaccurate or inappropriate as per the discretion of the Winning Leap.
e. Submissions and feedback.
The user can provide feedback or suggestions concerning your experience of using or accessing our portal.
You may submit feedback or submission in writing through e-mail on our registered e-mail address or send it to our registered office address through other means of communication.
We do not claim ownership of any submission unless otherwise agreed to by the parties. However, by providing a submission or feedback, you are irrevocably granting the Winning Leap Education and its affiliates, your right, title and interest in such submission or feedback including but not limited to the moral, proprietary or any intellectual property rights therein, right to use, modify, distribute and otherwise commercialize the submission in any way and for any purpose (including by granting the general public the right to use your submissions as per this Agreement, which may
change over time).
The user shall do any act at the request and expenses of the Winning Leap, in case if required to establish its intellectual property rights and other legal rights on such submission or feedback.
For the Submissions or feedback provided to the Winning Leap Portal, you further agree to grant the right to publish specific identifying information detailed in the privacy policy in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control.
No compensation will be paid concerning the use of your submissions.
Winning Leap Education is under no obligation to post or use any submission or feedback, and the Winning Leap Education may remove any submission at any time.
By providing a submission or feedback, you warrant that you own or otherwise control all of the rights to your submission and that your submission is not subject to any rights of a third-party (including any personality or publicity rights of any person).
f. Services accessible only to invited customers.
Elements of the Services may be accessible to you on an invitation-only basis, for example as part of a program for using pre-release Services and providing feedback to us. Those Services are confidential information of the Winning Leap Education. You may not disclose this confidential information to any third-party for five years. This restriction does not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without any obligation to keep it confidential, is received from another source who can disclose it lawfully and without any obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give us enough prior notice to provide a reasonable chance to seek a protective order.
6. Term, termination, and suspension.
a. Agreement term and termination.
The terms of this Agreement begin when you accept it. This agreement shall be effective till the time Members/subscribers access or use the portal or till the termination of this agreement by the user or the Winning Leap.
A Material violation of the terms and conditions of this agreement may result in the immediate suspension or termination of the user’s Accounts without notice to the user apart from any legal remedy that the Winning Leap can avail. In such a case, the Winning Leap may 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.
The user may terminate this Agreement at any time by deleting your profile at https:/www.Winning Leap.com/login. Such termination will automatically cancel any registration or enrolment. Upon termination of this Agreement, your contact information and preferences will be removed and your optional free subscription to the Winning Leap Education online services under this Agreement will end.
Winning Leap may terminate this Agreement at any time with 30 day’s e-mail notice.
The action of the immediate termination becomes necessary to protect the safety of the person and property of other Members, Winning Leap or other stakeholders in case of material breach of the terms and conditions of this agreement or materially violates any applicable law by the user of the Winning Leap portal. In case of the nonmaterial breaches, the Winning Leap may contact the user to inform about the same and allow resolving the issue.
Any misuse, abuse and inappropriate behaviour (as solely determined by) on our portal is strictly prohibited and may amount to termination of the membership immediately. Such an account may be terminated if it is suspended for more than twice in a continuous period of 12 months.
In case of termination, we may contact such member/student/ subscriber to inform about such termination and cancellation of the registration or enrolment, to inform about the settlement regarding any fees pending or refund of fees as per the Winning Leap refund policy and also to check for exceptions or concessions or modification of courses for such member/student/subscriber which is a discretionary right of the Winning Leap.
Winning Leap is not obligatory to remove, restore or return the content to the user, provided by such user.
The user is not allowed to re-register or access through other account holders.
b. Regulatory.
In any country where any current or future government regulation or requirement that applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this Agreement or the Services may conflict with any such regulation or requirement, we may change the Services or terminate the Agreement. Your sole remedy for such changes to the Services under this Section is to terminate this Agreement.
c. Suspension.
Winning Leap may suspend access in case of reasonable need only. Suspension may take place to prevent unauthorized access to Customer Data, to trace suspected fraud, to resolve infringement issues, risk assessment, security, investigation purposes, etc. Winning Leap may give notice before such suspension except when an immediate suspension is required.
The user may respond to the notice of suspension within 30 days otherwise the Winning Leap may terminate this Agreement and delete the Customer Data without any retention period.
Winning Leap reserves the right, at any time and without prior notice, to remove or disable access to any collective content that the Winning Leap at its sole discretion, considers being objectionable for any reason, in the violation of the terms and conditions of this agreement.
d. Suspension or termination of the Winning Leap Education subscription for non-usage.
We may suspend or terminate your optional /free Winning Leap Education subscription obtained under this Agreement and delete any Customer Data related to it if you fail to use your subscription to access Winning Leap Education online services, or if you otherwise fail to comply with any milestones or other requirements that we may communicate to you, within any period of 90 consecutive days during the term of this Agreement. We will provide you with notice before suspension or termination of your subscription and Customer Data deletion.
Winning Leap reserves the right to modify, suspend or terminate access to the site at any time without notice or refund if you are suspected of violating any term or condition of this Agreement.
7. Disclaimer of Warranties.
This Disclaimer of Warranties is to the extent that any part of this section is not consistent with any other part of these terms, then this disclaimer of warranties will override it.
Except provided otherwise in this agreement, Winning Leap provides the services (including the content and APIS) on “AS IS,” basis “WITH ALL FAULTS” “AS AVAILABLE” and without warranty of any kind, either express or implied. Winning Leap disclaims any liability for any act or omission of the online or offline communications and interactions of users of our portal with each other or users of our portal with other persons as a result of the use of our portal whether such meetings are organized by the Winning Leap or not.
Winning Leap disclaims any warranties, guarantees or conditions, whether express, implied, statutory, or otherwise, as to merchantability, fitness for a particular use or purpose, title, non-infringement, accuracy, timeliness, performance, completeness, suitability, representation of the portal and content of the portal arising in course of usage.
Winning Leap disclaims any warranty as to the quality of services as per the requirement of the user, that the user will always receive uninterrupted, timely, secure, or error-free services on the Winning Leap portal, about the accuracy, reliability, timeliness, truthfulness, completeness of any collective content or services offered on the Winning Leap portal.
Winning Leap disclaims any guarantee that your email or voicemail messages (if applicable) will not be lost, or edited and any errors in the software will be corrected.
Winning Leap disclaims to bear any cost of repairs of the user’s hardware or software caused due to the use of the Winning Leap portal.
Winning Leap does not verify the user’s background, the Winning Leap has sole discretion to do to such extent permitted by applicable law. Winning Leap disclaims any warranty as to the user’s conduct on the portal and their combability with other users. If we choose to conduct such checks, we disclaim warranties of any kind, either express or implied, that such checks will identify any prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
The information obtained from our portal will not create any warranty.
The user bears the sole risk of using our portal/products/services.
Users may download the content from our portal at their own discretion and risk.
The user is solely responsible for your communications and interactions with other users of the portal or persons whom you may communicate or interact as a result of the use of our portal.
The User agrees to take sole responsibility for potential damages if any resulting from the use of our portal or services provided by our portal.
The user agrees that the ability to use the Winning Leap portal depends on certain external factors such as internet service providers, internet network availability, strength or range of available network, etc.
You may have additional rights under your local laws which this agreement cannot change.
This disclaimer of warranty may not apply to all the users.
WINNING LEAP EDUCATION DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, INFORMATION, MESSAGES, MATERIALS, PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE SERVICES, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT.
WINNING LEAP EDUCATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
8. Defense of claims.
a. Defense.
We will defend you against any claims made by any unaffiliated third-party that the end-user has infringed its patent, copyright or trademark or makes unlawful use of its trade secret.
You agree to release, defend, indemnify, and hold the Winning Leap and its affiliates, subsidiaries, officers, directors, employees and authorised agents, harmless from and against any claims made for liabilities, damages, losses, costs or debts, expenses, including, without limitation and legal and accounting fees by any unaffiliated thirdparty that
any non-Winning Leap Education Product that is not made available through your institute or
the customer data you provide directly or indirectly while using the Portal, infringes the third-party’s intellectual rights or
your use of our portal has caused damage to a third-party or
you have violated any third-party right or
you have violated the terms or conditions of this Agreement.
b. Limitations.
Our obligations in Section 8.a will not apply to a claim or award based on: (1) Customer Data, non-Winning Leap Education Product, modifications you make to the services or materials you provide or make available as part of using the Services; (2) your combination of the Services with, or damages based upon the value of, a non-Winning Leap Education Product, data or business process; (3) your use of a Winning Leap Education trademark without our express written consent, or your use of the Services after we notify you to stop due to a third-party claim; or (4) your redistribution of the Services to, or use for the benefit of, any unaffiliated third-party.
c. Remedies.
If we reasonably believe that a claim under Section 8.a may bar your use of the Winning Leap Education online services, we will seek to (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Education online services.
d. Obligations.
Each party must notify the other promptly of a claim under this Section 8. The party seeking protection must (1) give the other sole control over the defense and settlement of the claim and (2) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties’ respective rights to defense and payment of judgments or settlements under this Section are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights.
9. Limitation of liability.
a. Limitation.
The aggregate liability of each party under this Agreement is limited to direct damages up to One Hundred Rupees (INR 100).
The remedy in case of breach of this agreement by the Winning Leap is restricted to refund of the fees paid by the user to MoTeacher for availing the respected services of the Winning Leap.
In case of breach of the provisions of this agreement by the user, the Winning Leap shall be entitled to obtain an injunction from the Court of competent jurisdiction. The right to obtain an injunction shall not limit its right to obtain other remedies.
b. EXCLUSION. NEITHER PARTY, NOR ITS SUPPLIERS WILL BE LIABLE FOR LOSS OF REVENUE, LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE.
c. Exceptions to Limitations.
The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to (1) the parties’ obligations under Section 8 (Defense of claims); or (2) breach of any confidentiality obligation; or (3) the violation of the other’s intellectual property rights.
10. Miscellaneous.
a. No additional rights granted.
We reserve all rights not expressly granted under this Agreement, and no other rights are granted under this Agreement by implication or estoppel or otherwise.
b. Notices.
You may send a notice to us with the title- “Attention: The Winning Leap Education Products Group- Winning Leap Education Developer,” via e-mail at info@35.154.172.234 or by post or courier to Winning Leap Education Corporate, External and Legal Affairs (Winning Leap Education Products Group – Winning Leap Education Developer) Winning Leap Education, 2403 Tropical Lagoon Dahlia Kavesar G B Road, Thane West 400615 Maharashtra, India.
You agree to receive all the notices from us in electronic form via e-mail related to our portal/products/services on your registered e-mail address with us. For an e-mail notice, the date of notice shall be the date on which such notice is transmitted.
c. Assignment.
The terms and conditions of this Agreement, Privacy Policy and other legal documents governing rights and liabilities of the Winning Leap and its User constitute the entire agreement between the Winning Leap and its User.
You may not assign or otherwise transfer your rights or obligations under this Agreement either in whole or in part to any third-party.
Winning Leap may transfer its rights under this Agreement to any third-party without the user’s consent.
d. Severability.
The terms and conditions of this Agreement are severable. If any part of this Agreement is held unenforceable or invalid by a court of competent jurisdiction, the rest part of the Agreement shall remain valid and enforceable.
e. Waiver.
Failure to enforce or exercise any term or condition of this Agreement or any related right, shall not constitute a subsequent waiver of that term, condition or related right.
The waiver will be effective only when executed in writing and duly signed by the authorized representative of the Winning Leap.
f. No agency.
We are independent contractors. This Agreement does not create any agency, partnership or joint venture.
g. No third-party beneficiaries.
There are no third-party beneficiaries to this Agreement.
h. Applicable law and venue.
This Agreement is governed by the State of Maharashtra – India, without regard to its conflict of laws principles. Any action to enforce this Agreement must be brought in the courts of Mumbai, the State of Maharashtra. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction concerning the violation of intellectual property rights.
i. Entire agreement.
This Agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
j. Survival.
The following provisions will survive this Agreement’s termination: 1.b, 2.ab, 4, 5.a-d, 5.f, 6, 7, 8, 9, 10, 11, and all other definitions.
k. India export jurisdiction.
The Services are subject to India export jurisdiction. You must comply with all applicable laws, including India Export Administration Regulations, the International Traffic in Arms Regulations, and end-user and destination restrictions issued by India and other governments.
l. International availability.
Availability of the Services, including specific features and language versions, varies by country.
m. Force majeure.
Neither party will be liable for any failure in performance due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labour disputes, acts of civil or military authority, war, terrorism including cyber-terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services).
n. Modifications.
We may modify this Agreement at any time with or without individual notice to you by posting a revised version on the legal information section of the Developer Services and the Winning Leap Portal (or an alternate site we identify), or by notifying you under Section 10.b. Any modifications will be effective upon your continued use of a Service.
11. Definitions.
Any reference in this agreement to “day” will be a calendar day.
“Affiliate” means any legal entity that a party owns or that owns a party, with a 50% or greater interest. “Content” means documents, photographs, videos, and other graphical, textual, or audio-visual content that may be subject to copyright protection.
“Commercial purposes” for this Agreement, includes but is not limited to selling the information collected by users to third parties or outside network to use it further commercially in return of consideration.
“Customer Data” means any Content or other data, including all text, sound, video, or image files, or software, that are provided to us by, or on behalf of, you through your use of the Winning Leap Education Online Services for use by you or your authorized users. Customer Data does not include Submissions or any other Content or data that you submit to the Winning Leap Portal or otherwise provide by your institute for public access.
“Content” means study material, logos, drawings, text, graphics, images, music, software (excluding the Application), audio, video, information or other material posted on the Winning Leap Portal.
“Winning Leap Education Content” means Content on the Services provided by Winning Leap Education and its suppliers.
“Winning Leap Education Software” means the Winning Leap Education software and API.
“Non-Winning Leap Education Product” is any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our Services or elsewhere.
“Preview” means preview, beta, or other pre-release versions of the Developer Services Software offered by the Winning Leap Education.
“Submissions” means Content, code, comments, feedback, suggestions, information or materials that you provide via Winning Leap Portal or any Services for public access (rather than for your personal use or use by your authorized users). Submissions do not include Customer Data.
“User Plan” means a per-user based subscription, trial, or other Winning Leap Education granted benefit that permits access to and account services for the Developer Services.
“Course/Courses” means academic courses listed on the Winning Leap Portal.
“Course Fees” means the fees charged by the Winning Leap for allowing the user to avail access to products/services related to the Winning Leap Course/s.
“Listing” means Courses/products/services listed on the Winning Leap Portal.
“Member” means a user of the Winning Leap Portal who has completed the registration process, including but not limited to Teachers and Students.
“Member Content” means the information provided by the member while responding on Winning Leap Portal.
“Payment Method” means a mode of payment accepted on the Winning Leap Portal which includes e-wallet, credit card, debit card or net banking.
“Student” means a user who enrols for any course on the Winning Leap portal.
“Tax” or “Taxes” means Taxes levied by the law of India.
“Teacher” means a Member recruited by the Winning Leap to provide teaching-related services on Winning Leap Portal.
“we” and “us” means the Winning Leap Education, 2403 Tropical Lagoon Dahlia Kavesar G B Road, Thane West 400615 Maharashtra, India, as appropriate.
“you” and “your” means the person or the entity accepting this Agreement to use the portal/product/services of the Winning Leap.
© Winning Leap Education 2021
YOU HAVE READ THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.