These terms form a legally binding agreement between Users (“User(s), you, your, customer(s), yourself”) and Wiingy Private Limited (“Wiingy”). These terms shall govern the use of the Wiingy Website, mobile application, call centres, products and course material (collectively referred to as “Wiingy Platform”) which enables the User to connect with us in relation to the services offered through the Wiingy (“Services”).
Please read these terms carefully before accessing, using, obtaining or availing any products or Services by Wiingy. If you do not agree with these Terms of Use you may refrain from using the Wiingy Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of Wiingy Platform and Services.
Wiingy reserves the right to modify these Terms of Use at any time at its sole discretion. including the fees for the Services. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the Wiingy Platform and Services (with or without payment/with or without subscription) would be deemed to be an acceptance of these terms and the modifications thereto.
You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
Before you can use certain parts of the Services, you may be required to register an account through the Wiingy Platform. If you are a customer that is an individual, you must be 18 years of age or older to register for a Wiingy account. In that event, however, you may add or register additional users to use the Services who are younger than 18 years old if you are such users’ parent or legal guardian. You agree to provide true, accurate, current, and complete information about yourself and the users of the account as prompted by the registration form (such information, being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wiingy, its users, or the public. Without limiting the foregoing, parents and legal guardians who have registered accounts hereunder, understand that they are responsible for the acts and activities of their minor children in connection with any use of the Wiingy Platform and/or Services and that Wiingy’s privacy policy will apply to their family’s use of the foregoing.
Some Services may be offered to you on a fee basis. All fees are quoted and must be paid in Indian Rupees. If you elect to purchase fee-based Services and transmit to Wiingy a purchase request, you warrant that your use of the particular credit card or other Wiingy accepted payment method is authorized and that all information that you submit to Wiingy, or any third party designated by Wiingy, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable goods and services taxes, you incur. Any account name, password, or user ID supplied to you in connection with any fee-based Services you purchase is personal to you and the members of your household, and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based Services without refund and the imposition of additional charges based on your unauthorized use.
The Wiingy Platform and Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Wiingy Platform or the Services, is the sole responsibility of the person from whom the Content originated and not of Wiingy, or its shareholders, directors, officers, or employees. Wiingy may review and delete any Content, in whole or in part, that in the sole judgement of Wiingy violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Wiingy or its shareholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Wiingy Platform or the Services. It is your responsibility to evaluate the Content available through Wiingy Platform or the Services. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.
Student projects/assignments, digital content, youtube videos, youtube shorts on their personal channel etc can be utilised for promotional purposes as per Wiingy discretion. Wiingy encourages students to be creators and their content to inspire several other students. Videos created by students from the Wiingy classes can be used to create playlists and shared with a larger audience on Wiingy website and applications.
Wiingy likes to hear from you. However, please keep in mind that Wiingy does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Wiingy any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Wiingy shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
All posts by the authors, guest authors, and visitors reflect personal thoughts and opinions which are not necessarily those of Wiingy.
When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Wiingy Platform or the Services a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
In addition subject to the terms of this Agreement, we grant to you a limited, personal, non- exclusive, non-transferable license to use the Wiingy Platform solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Wiingy Platform, including all related intellectual property rights. The Wiingy Platform and Services are protected by applicable intellectual property laws.
You agree that Your use of Wiingy Platform and Services is solely for Your personal and non- commercial use. Any use of the Wiingy Platform and Services or products or their contents other than for personal purposes is prohibited. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Wiingy Platform and/or Services; (b) rent, lease, or sublicense the Wiingy Platform and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Wiingy Platform and/or Services. You may not export or re-export the Wiingy Platform and/or Services without (a) the prior written consent of Wiingy; and (b) obtaining any necessary permits and licenses.
Certain contents on the Wiingy Platform 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.
You agree not to use the Wiingy Platform or the Services to:
Wiingy complies with and data protection laws across all aspects of our system. If you use or access the Wiingy system, please note:
The contents of the Wiingy Platform or the Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Wiingy Platform or the Services 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. Wiingy acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Wiingy Platform or the Services does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Wiingy Platform or the Services 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.
Certain contents in the Wiingy Platform or the Services may contain opinions and views. Wiingy shall not be responsible for such opinions or any claims resulting from them. Further, Wiingy makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
The Wiingy Platform and the Services (including all Content) are provided “as is”; Wiingy makes no representations or warranties of any kind with respect to the Services, the Content, the Wiingy Platform, their non obsolence or any contents therein. Wiingy assumes no liability or responsibility for any errors or omissions in providing the Services, the Wiingy Platform or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. WIINGY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE WIINGY PLATFORM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON- INFRINGEMENT. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WIINGY PLATFORM AND/OR SERVICES 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.
In addition, Wiingy does not represent or warrant that the information on or accessible via the Wiingy Platform, or through the Services is complete, current or will be updated or corrected. Wiingy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site or featured in any banner or other advertising. While Wiingy attempts to make your access and use of the Wiingy Platform and Services Wiingy cannot and does not represent or warrant that the Wiingy Platform or its server(s) are free of viruses or other harmful components; therefore, you should use industry recognized software to detect and disinfect viruses. If you are dissatisfied with the Wiingy Platform and/or Services, or with any terms, conditions, rules, policies, guidelines or practices of using the Wiingy Platform and/or Services, your sole remedy is to discontinue using the Wiingy Platform and/or Services.
While Wiingy may, based on the User's confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that Wiingy has afforded the User the opportunity for full and complete investigations, examinations and inspections.
Upon registration through any means whatsoever, Wiingy may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits Wiingy to contact them and the student utilising the Services, through the above mentioned means at any time post registration. Further, Wiingy shall have the right to monitor the download and usage of the Wingy Platform/Services 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 Wiingy to clear the doubts of the student using the Wiingy Platform/Services 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.
While Wiingy has made efforts to train the personnel engaged in the sales and services relating to its products 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 behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Wiingy the right and discretion to take any action in this regard.
Access to certain elements of the Services including doubt clearance, mentoring services etc. may be subject to separate terms, conditions and fair usage policy. Wiingy reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Wiingy Platform/Services or registrations do not automatically entitle the User to any and all elements of Services provided by Wiingy and Wiingy shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
Wiingy‘s products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. Wiingy shall not be obligated to provide workable products and / or services for any instruments that are not recognized by Wiingy or those instruments that may be purchased from any third party which are not compatible with Wiingy ‘s products and Services. Wiingy reserves the right to upgrade the table/ type of compatible devices as required from time to time.
Wiingy shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.
You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, You need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).
For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by Wiingy. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. We request You not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by Wiingy. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. All requests for return of products have to be placed within 10 (ten) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 10 (ten) days from the date of delivery.
You acknowledge that Wiingy is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and Wiingy shall not be in any manner responsible for the same. Wiingy does not provide any guarantee or warranty relating to the instrument/medium/hardware and shall not be liable for any loss or injury from use of the products.
You agree to indemnify and hold Wiingy and its shareholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Wiingy Platform and/or Services or Content, including without limitation these Terms of Use.
In no event shall Wiingy, its officers, directors, employees, partners 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 Wiingy Platform and/or Services or Content.
In the event of Your breach of these Terms, You agree that Wiingy will be irreparably harmed and may not have an adequate remedy in money or damages. Wiingy therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Wiingy's right to obtain such relief shall not limit its right to obtain other remedies.
You agree that Wiingy in its sole discretion, may terminate your password, account (or any part thereof), and/or suspend use of the Wiingy Platform and the Services, and remove and discard any Content within the Wiingy Platform, for any reason, including, without limitation, for lack of use or if Wiingy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use apart from any legal remedy that Wiingy can avail. In such instances, Wiingy 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.
Wiingy may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Wiingy Platform or the Services may be effected without prior notice, and you acknowledge and agree that Wiingy may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Wiingy Platform or the Services. Further, you agree that Wiingy shall not be liable to you or any third party for any modification or termination of your access to the Wiingy Platform or the Services.
These Terms of Use are governed in all respects by the laws of the India and courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over these Terms of Use and any dispute arsing in relation thereto.
If you use the Wiingy Platform from other locations you are responsible for compliance with applicable local laws.
In the event that you have a dispute with one or more users of the Wiingy Platform and/or Services, you release Wiingy and its shareholders employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you have questions regarding these Terms of Use, contact us at [____] or hello@wiingy.com.
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at support@Wiingy.com.
Additionally, if you do not wish to continue receiving our email newsletters or bulletins you can opt out of receiving these communications by replying to the unsubscribe in the subject line in the email.