Winvictory Developers Pvt. Ltd. (the “Company” or “We” or “Us” or “Our”), a company incorporated under the provisions of Companies Act, 2013 and having its registered office at F-6, Lajpat Nagar III, basement New Delhi 110024, India is engaged in the business of providing online digital platform, hereinafter referred to as “Learnoper” or “Platform”, for live, recorded or in any other way on subscription basis class/session to its users (“You” or “Users”).

Learnoper is a trusted integrated platform and functions as a digital solution for its User(s).

We request You to carefully go through these terms & conditions (“Terms of Services” or “Agreement” or “ToS”) prior to using Learnoper or accessing the Platform. By accessing and browsing through the Platform (with or without payment/with or without subscription) you agree to these ToS and we assume that You have agreed to irrevocably and unconditionally agree to and comply with, abide by and be bound by all the obligations as stipulated in this ToS (unless otherwise explicitly made optional), which together read with our Privacy Policy and any other applicable policies referred to herein or made available on the Platform, shall govern the Company’s relationship with You in relation to the Platform.

As detailed later, this assumption is not applicable when the User is providing us with Personal Identifiable Information (“PII”). We will explicitly seek User’s consent before the User shares any PII with the Company.  We presume adequate and lawful parental consent in case of access to our platform and/or the Personal Information is shared by a user under the age of 18 years.

After the User’s initial confirmation/consent to these ToS, the same will be assumed to continue until the User explicitly withdraws its consent by notifying the Company of the same in writing in person or through an official email. These ToS apply to the entire Platform, i.e., to all mediums where the Learnoper and/or the Company’s services are accessible and usable. These TOS supersede all previous oral and written terms and conditions (if any) communicated to the User and shall act as a binding Agreement between Company and the Users.

If the User does not agree to be bound by all conditions/clauses captured in these ToS, the User is requested not to use the platform or its services.

Only persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on the Platform 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 the User warrants that all the data provided by the User is accurate and complete and that the User using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate the User’s subscription and / or refuse to provide the User with access to the products or Services if it is discovered that the User is under the age of 18 (eighteen) years and the consent to use the products or Services is not made by the User’s parent/legal guardian or any information provided by the User is inaccurate. The User acknowledges that the Company does not have the responsibility to ensure that the User conform to the aforesaid eligibility criteria. It shall be the User’s sole responsibility to ensure that the User meets the required qualification. 

1.Definitions

“Content” means and includes, without limitation, any information, data, text, User profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by the User or by the Company or our partners or sponsors on or through the Platform.

2.Updating the ToS

The User’s use of the Learnoper is subject to these ToS, which may be updated, amended, modified or revised by the Company from time to time. Each such updating or modification to the ToS will be communicated to the User via email, and the User will be required to give its separate consent to such revised version to be able to continue to use the Platform. To the extent possible the Company will sure to notify the User about any additions, revisions, amendments or modifications that the Company may have made to ToS but as a best practice, the Company encourage that the User refer to these ToS from time to time to ensure that it is aware of any additions, revisions, amendments or modifications that the Company may have made.

3.Service(s) provided to Users and Acceptable Use of the Platform 

Learnoper provides an array of features and functionalities, including inter alia:

  1. Class/session on various activities listed on the Platform, including but not limited to hobby classes, various dance forms, singing, acting education, informative articles, etc. The Platform also features information about various service providers who provide the above-mentioned services (“Mentors”).
  2. Option for You to register yourself on the Platform and receive regular updates, notifications and Learnoper newsletter and any other information that We may share with You.

We are not responsible for the accuracy or legitimacy of any information, data, or Content uploaded or posted by the User during its usage of the services. Any reliance by the User on any information or Content provided by any other user will be the User’s responsibility.

Any information the User provides to the Company for the purposes of registering and setting up the User’s account (as specified below) shall be considered as accurate, complete and updated. The User is solely responsible for the activity that occurs on the User’s account (including those of other users) and for maintaining the security of the User’s account and any information the User input. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by the User as a result of the above.

The User shall immediately notify the Company in writing of any unauthorized use of the User’s account, or any other account-related security breach of which the User is aware, so that the Company may immediately work with the User to rectify the same and restore the integrity and security of the User’s account and information.

4.Access, Listing and Account Integrity

The User can access the Platform as a guest user and without any formal registration process. Before accessing the Platform, the User will need to accept Our ToS and Privacy Policy, and the User may have to provide the Company with its name and its email ID. The Company may also ask the User to provide the Company with its name, email ID and phone number for subscribing for the Company’s newsletter.

5.Use of Your Information and Content

 It is necessary and mandatory for the Company to collect and access the information covered under point 4, and the above paragraphs, for the Company to be able to provide the User with any part of the services. Should the User choose not to provide any of the information or not to allow us to access any of the same, the User will be unable to access or use some features and functionalities of Learnoper.

We may use the above information for as long as the User account is active and in use, and only as specified/permitted by our Privacy Policy and by applicable law. Please closely review the Company’s Privacy Policy for more information regarding how the Company uses and disclose the User personal information.

Additionally, the Company may continue to store any other information as may be required by applicable law for the purposes of record retention. While the Company make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.

6.Third Party Services

The Company use multiple third-party service providers in order to power and provide the User with Learnoper. In this process, the Company share the User’s personal information with some of the third-party service providers, as is necessary to enable them to provide the requisite services. These are as follows:

  1. For sending newsletters and other articles on hobbies, dance, music, etc., that we share with the User the service is provided by using email marketing companies (Ex: Mailchimp, etc.,).
  2. ________ is a web-hosting company that provides us with computer infrastructure to host, operate and manage the website learnoper.com.
  3. com, is a customer retention website, which helps us track Your activities on the Platform. This allows us to continuously enhance Our Platform and better Our services.

The Company only uses these third-party service providers to enhance the User experience while using the Platform. The Company only shares Your Information with these third-party service providers on a need-to-know basis and only for the company’s internal purposes.

The Company is a technology platform and functions as an aggregator for other Service Providers. We directly do not endorse, recommend or provide any services that are listed by third party Service Providers on the Platform.

Further, we will attempt to ensure our third-party service providers, namely Mailchimp.com, AWS and Toggle2.com are bound by and adhere to the same obligations of confidentiality and data privacy as the Company guarantees to the User.

7.Rules and Conduct

As a condition of use, you promise not to use the service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Company (including, without limitation, any Content) is provided only for the User’s own personal, non-commercial use.

By way of example, and not as a limitation, the User shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.

Furthermore, the User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services; (iii) bypass any measures we may use to prevent or restrict access to Learnoper (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any of Mentors; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.

8.Content Ownership and Copyright Conditions of Access

The Content on the Platform are either (i) generated by the Mentors, or (ii) belong to Company. The User copying of the copyrighted content published by Company on the Platform for any purpose or for earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.

The Company authorizes the User to view and access the content available on or from the Platform only as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, brand names, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, “the Company’s Content “), are the Company’s property and are protected under copyright, trademark and other laws. The User shall not modify the Company’s Content or reproduce, display, publicly perform, distribute, or otherwise use the Company’s Content in any way for any public or commercial purpose or for personal gain.

The User shall not access any of the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

9.Reliance on Information Posted

Whilst the Company uses reasonable endeavors to provide up to date and relevant Content, the Content, suggestions and other materials posted on the Platform are not intended to amount to advice on which reliance should be placed. They may not reflect the exact and correct advice or suggestion which is absolutely apt for the User. The User may use the Content to gain general guidance, knowledge and views but the User should not use them as any definitive advice and the User should carry out its own research. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such Content by the User. Further as a good practice we suggest that in case the User requires any advice or formal opinion You must consult a professional.

10.Reviews and Feedback

The User agree that the Company may contact the User through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  1. Obtaining feedback in relation to Platform or Learnoper; and/or
  2. Resolving any complaints, information, or queries received from you regarding the same.

and the User agrees to provide its fullest cooperation further to such communication by the Company.

While We have made efforts to engage only the Mentor who are specialists in their field for providing training to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behavior of any such personnel. Any feedback from User relating to the same is most welcome and the Company reserves the right and discretion to take any action in this regard.

11.Profile Ownership and Editing Rights

You hereby represent and warrant that the User is fully competent under law to upload Content as part of Your profile or otherwise while using our services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may modify or delete parts of the User profile information at the Company’s sole discretion with or without notice to the User.

12.Rights and Obligation relating to the Content

The User is prohibited from:

  1. Violating or attempting to violate the integrity or security of the Platform or any content thereof.
  2. Transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of the Company’s services.
  3. Intentionally submitting on the Platform any incomplete, false or inaccurate information.
  4. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform.
  5. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform.
  6. Copying or duplicating in any manner any of our Content or other information available from the Platform.
  7. Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.

The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 1 (one) year for production to governmental authorities for investigation purposes or as may be required by applicable law.

In case of non-compliance with any applicable laws, rules or regulations, or this ToS/PP by a User, we shall have the right to immediately terminate the User’s access or usage rights to the Platform and to remove non-compliant information from the same.

13.Termination

The Company reserves the right to suspend or terminate or block the User access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases were,

  1. The User is in breach of any terms and conditions of this ToS;
  2. The Company is unable to verify or authenticate any information provided to Company by the User.
  3. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or

Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Platform. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.

14.Indemnification

The User shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers, Mentors and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) The User’s use or misuse of, or access to, the  Platform; or (ii) The User’s violation of the ToS or any applicable law, contract, policy, regulation or other obligation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will assist and cooperate with us in connection therewith. In no event shall the Company, its officers, directors, employees, partners, Mentors or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

15.Limitation of Liability

To the fullest extent permitted by law, in no event shall the Company (nor its Directors, Employees, Agents, Sponsors, Partners, Mentors Suppliers, Content Providers, Licensors or Resellers) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory will respect to the service (I) For any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; or (II) For your reliance on the service; or  (III) For any direct damages in excess (in the aggregate) of the INR 1,000/- (Indian Rupees One Thousand); or (IV) For any matter beyond its or their reasonable control, even if Company has been advised of the possibility of any of the aforementioned damages.

16.Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law’s provisions thereof. All claims, differences and disputes arising under or in connection with or in relation thereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

17.Miscellaneous

The ToS are the entire agreement between the User and the Company with respect to Learnoper and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to the User and are not assignable or transferable by the User except with Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

18.Contact

If You have any questions regarding the Platform or the Company, please contact Company at [email protected].