Terms of Service



THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.  THESE TERMS OF SERVICES IS A LEGALLY BINDING DOCUMENT BETWEEN WINUALL AND EDUCATOR (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICES WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN WINUALL AND EDUCATOR FOR THE USE OF THE WEBSITE (DEFINED BELOW). BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE WINUALL WEBSITE OR BY UTILIZING THE WINUALL SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO WINUALL AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011. These Terms of Services of the website located at the URL https://winuall.com/terms-and-conditions, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services (“Website”) is between Kuzagan Technologies Private Limited (“Winuall” or “We” or “Us” or “Our"), a company incorporated under the Companies Act, 2013 with its registered office situated at Plot No. 760/761, Shastri Nagar Dadabari, Kota Rajasthan-324009., and the registered Educators, defined as anyone who registers an account on the Website and includes such persons who are creating “Educatorials” like video Educatorials, audio clips, documents for educational purposes and using Website’s options to upload, display, publish, share and educate (referred as "You" or "Your" or "Yourself" or "User") describe the terms on which the Winuall offers You access to the Website and such other services which include but are not limited to any interactive services, platform services, facilitation of sale of education materials including but not limited to third parties content with approvals, association and/or collaboration with other Educators via Our platform or any other means as it deems fit, education material supply, video lessons, quizzes, presentation materials, assignments, questions banks and tests, and other educational materials and tools as are incidental and ancillary thereto ("Services").  These Terms of Services is a contract between You and Winuall. These Terms of Services shall be read together with the Privacy Policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

1) INTERPRETATION

a)Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
b) Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Winuall will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

2) WEBSITE SERVICES

Winuall will provide an annual subscription of Winuall Connect plus Website. By accessing this Website, you are agreeing to be bound by these Terms of Services, other third party’s application/platform’s Terms of Service (to the extent applicable) used for the effective performance of the Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. Your continued use of the Website shall constitute your acceptance to the Terms of Service, as revised from time to time. Winuall reserves the right to update the Website and / or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You will be required to update the Website with the update packages sent to your devices for download and installation. You hereby agree that Winuall will be able to provide support services only if you install all the updates upon receiving notifications while using the Website and its Services.

3) ACCOUNT REGISTRATION AND SECURITY

a) You must register an account on the Website (an “Account”); b) When you register on the Website and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Winuall to make any inquiries We consider necessary or appropriate to verify your Account information or the information you provide to us related to any Services you provide via the Website; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, Educator integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”). You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Website, whether or not you have authorized such activities or actions. Winuall shall not be responsible for any losses sustained through the use of counterfeit or stolen bank cards, or stolen Devices. You will immediately notify Winuall of any unauthorized use of your Account. You may be held liable for losses incurred by Winuall due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. c) You agree and expressly give Your consent to be contacted by Winuall and its agents, affiliates, or representatives at any contact number, or physical or electronic address as provided by You while registering Your Account. You further agree that Winuall reserves the right to contact You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. d) You agree that this Website and its Services are made available to you on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in providing Educatoring services from your Account, including others who may be subject to an agreement that is the same or similar to this Agreement. Save for the purposes of providing Educatoring services in cases where the User is an Educatoring institution, faculties can be invited to take lectures on the User Account. e) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Winuall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Winuall has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4) DUTIES OF A Educator

a) You will comply with all applicable local, provincial laws, and regulations in connection with your provision of the Services. b) You have specific knowledge of the curriculum, the qualification framework which is applicable to each and every End User and teaching material including but not limited to online content that is unencumbered of any copyright issues. For the purpose of these Terms of Services “End User” shall mean students, children, professional and/or any other person register on the platform as a user or avails any of Your services on the platform. c) You shall keep Winuall informed of any issues or problems with each End User, as and when they develop. d) You shall not engage in any activity and/or conversation with the End User other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services, prior to, during the continuance of, and after each and every session. e) While Using the Website, You shall not- i) use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by Winuall according to community standards and/or applicable law, is strictly prohibited. Winuall reserves a right to immediate terminate Your account on being notified of any such act performed without any further notice. ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of the End User iii) conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters; iv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; v) any information provided by You on this site shall not be misleading in any way; vi) use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website; vii) intentionally interfere or upload any software disseminating viruses, adware, spyware, worms, or other malicious code which harms or disrupts the operation of the Services; viii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website; ix) engage in any activity which violates any applicable laws, rules and regulations.

5) RIGHT OF WINUALL & EDUCATOR

a) Educators include such persons who are creating “Educatorials” like video Educatorials, audio clips, documents for educational purposes and using Website’s options to upload, display, publish, share and educate. As an Educator with the Educatorials on the Website, you warrant to Winuall that: i) You are the owner or license holder of all the copyright in the Educatorials ii) The Educatorials do not infringe on any trademark, copyright, patents, moral rights, or any rights of privacy and/or publicity or any other intellectual property rights of any person or entity. iii) The Educatorials are by no means harmful or hateful in nature and do not disparage, insult or malign any person, people, races, religion, gender. iv) The Educatorials are not in contradiction to any applicable laws. b) Educator agrees and acknowledges that Winuall has no role or control and assumes no responsibility whatsoever for the Educatorials. By posting any such Educatorials on the Website, You are personally liable for any and all liability arising therefrom. You also agree that Winuall has the right to review the content but not an obligation to assess if the same is contrary to the Terms of Service and / or any applicable laws. Further, Winuall may remove any content from the Website and/ or disable, terminate block, or suspend the Account in its sole discretion including the instances where a notice is received by Winuall that such Educatorials breach any intellectual property of any third party. c) Subject to applicable law, Winuall reserves the right to ask for more information from the Educator which is directly connected to the Services (including but not limited to reference checks, educational qualification checks etc.) d) Nothing in this Agreement shall be construed to create any relationship between Winuall and You other than that of a service provider and user. You do not have authority to bind Winuall in any manner whatsoever. e) Nothing in this Agreement shall restrict Winuall from expanding to other commercial markets in any manner whatsoever, including but not limited to in collaboration with other third party partners and/or Educators. f) Winuall reserves the right to contact the User, by way of e-mail, messages, phone calls or such other means, for providing training, technical assistance of whatsoever nature and such other assistance relating to the Services. g) Notwithstanding anything contained herein, Winuall shall have a unilateral right to terminate this Agreement.

6) DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS

a) each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto. b) the Educator specifically covenants that he/she shall keep confidential all information of the End User and shall contact such other parties in relation to the education of the End User only if given written permission by the End User to do so. c) notwithstanding anything contained herein, the Educator does not have the right to assign any of his/her duties or obligations to any other organization under this Agreement. d) the Educator undertakes to maintain a healthy working relationship with the End User; e) the Educator represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and f) the Educator shall under no circumstances discuss or share any information of personal nature with the End User nor shall he/she entertain such discussions on the part of the End User. The sessions shall be specific to the subject of the Educator and under all circumstances shall be for educative purposes. All renewals of education sessions with the End User should be through Winuall’s platform and follow the same process.

7) THIRD PARTY CONTENTS

a) We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Services, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance. b) You acknowledge that the Services may contain links to third party platform/website and when You access a link that leaves the Services, the platform/website You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By accessing links to other platforms/websites, You expressly relieve and hold harmless Winuall from any and all liability arising thereof and You further acknowledge that We are not responsible for those platforms/websites. We reserve the right to disable links to and / or from third-party platform/websites to the Services, although we are under no obligation to do so.

8) INTELLECTUAL PROPERTY

a) Some parts of the Services are interactive, and Winuall is in no way responsible for the content, information or actions of other third parties, including other Users. You are solely responsible for your interactions and communications with other Users of the Services, and any other parties with whom you interact or communicate with through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes. You understand that Winuall does not make any attempt to verify the statements of Users of the Services or to review any content. b) Winuall will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to contents created by you including course material, test series, and study materials, in accordance with industry standards. Winuall will notify You if it becomes aware of unauthorized access to your content. Winuall will not access, view or process your content except (a) as provided for in these Service Terms and in Winuall’s Privacy Policy; (b) as authorized or instructed by You, (c) as equired to perform its obligations under these Terms of Service; or (d) as required by law. Winuall has no other obligations with respect to the content created by You.

9) PAYMENTS & REFUND

a) Website Subscription: i) Winuall will raise the invoice on the Educator on the basis of the subscription plan availed by such Educator for the Services. The Educator shall pay Winuall the periodic subscription fee (inclusive of all taxes) in advance as per the plan which it chooses. ii) Services provided by Winuall can be availed by the Educator on a yearly basis and consideration for the said Services will be paid at the start of every calendar year. Hence, the subscription plan shall stand renewed on a yearly basis provided that consideration for the Services is paid in advance by the Educator. In case the Educator fails to make payment for the Services, Winuall will cease to provide the Services in any capacity including deleting the Educator’s account on the Website. iii) If the Educator avails any additional services in addition to the subscription plan selected, then the term of the additional services so availed shall also be deemed to expire along with the expiration of the subscription plan as selected. iv) If the Educator does not make payment or makes irregular payments, Winuall may, in its sole discretion, terminate the subscription plan availed by the Educator and/or discontinue the Services without notice. b) Website Services: i) The Educator shall raise an invoice to the End User for the services rendered via the Winuall platform/application. Winuall will be entitled to a Platform Facilitation Fee (“Platform Facilitation Fee”) on every such transaction that happens via the platform as per mutually agreed rates. The End-User will be redirected to a third-party payment gateway wherein the payment shall be made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, internet handling charges, if any) as duly charged by such third-party payment gateway. ii) The Educator acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making transaction. The Educator further agrees and acknowledges that Winuall shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the End-User or Educator due to any payment issues arising out of any transaction on the third-party payment gateway. However, Winuall reserves the right, but have no obligation, to facilitate and support the Educator in mutually resolving any transaction failure or such other payment issues faced by the Educator; provided however, that the Educator ensures and takes all reasonable efforts to immediately contact, co-operate with and notify Winuall regarding the payment issues faced by the Educator. c) Other Services: i) The Educator agrees and consents to be contacted by Winuall and its agents, affiliates, or representatives for the purpose of being informed on any additional services as may be introduced by Winuall from time to time. Upon collaboration to avail such additional services, Winuall may enter into a separate Memorandum of Understanding (“MoU”) with the Educator on such terms and conditions as may be decided. ii) The Educator agrees to pay, to Winuall, a onetime facilitation charge, in advance, for availing services of any third-party platform/applications including white-labeling as per Clause 10 below. d) In case any input tax credit, refund or other benefit is denied or delayed to Winuall due to any non-compliance by the Educator including but not limited to failure to upload details of supply on Goods and Services Tax Network portal, failure to pay the Goods and Services Tax (“GST”) to the Government; or non-furnishing or furnishing of incorrect or incomplete documents and/or information or such other information not satisfactory to the regulatory requirement, the Educator agrees and undertakes to indemnify Winuall against any denied tax credits/ refund or other benefit as well as any interest, penalties and costs suffered by or imposed on Winuall as a result of aforesaid default by the Educator. e) Winuall reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the Educator (direct notification or via Winuall’s Website) and the Educator specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard. f) Winuall may, from time to time, notify the Educator on any promotional discounts or offers made available. It is hereby clarified that the aforesaid promotional discounts or offers are time restricted and can only be availed during the notified time. g) Notwithstanding anything contained herein, the Educator understands, agrees, affirms and acknowledges that the fees mentioned herein shall be the full and complete remuneration for any and all services envisaged under this Agreement. Refund Policy Winuall shall refund the invoice amount, at its sole discretion, only if the request for refund is raised within seven (7) days from the date of Your subscription to the Platform/application. Notwithstanding anything contained under this Agreement, You shall not have any right to make any claims of whatsoever nature against Winuall after a expiry of seven (7) days from the date of Your subscription to the Platform/application.

10) WHITELABELING

The Educator agrees and confirm that Winuall focuses on providing back end support to the Educator’s platform and shall not label and brand their trademarked name, logo, design, pattern of any sort on the end product as sold by the Educator to the End-User. However, notwithstanding anything under this Agreement, Winuall may sell its Services to any other Person under its own brand name without any restriction whatsoever. For the purposes of this Agreement, the term “Person” shall mean any natural person, firm, company, Governmental Authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality).

11) INTELLECTUAL PROPERTY

a) Winuall shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Website, videos, audio clips, ideas and information which are subject matter of services (collectively referred to as “Intellectual Properties”). b) the Educator will hold in confidence and not disclose or, except in performing its duties under this Agreement, use any Intellectual Properties of Winuall. c) Upon termination and as otherwise requested by Winuall, the Educator will promptly return to Winuall all items and copies containing or embodying Intellectual Properties, if any. d) It is hereby clarified that all the intellectual property rights belonging to a Party including prior to the Account Registration shall remain vested in that Party. e) Winuall understands and agrees that all the rights in Educatorials shall vest with the Educator and Winuall shall have no right in Educatorials other than strictly for the purpose of providing Services. f) Neither Party shall be entitled to any ownership or any other right on the intellectual properties of the other Party. g) Any breach of this provision shall be considered as a material breach of this Agreement and the non-breaching Party shall be entitled to seek injunctive or other equitable relief, in addition to other remedies available to it under law. h) Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.

12) CONFIDENTIALITY

The Educator agrees to keep all technical and non-technical information, which Winuall may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, Customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of either of the Parties confidential or any other information designated as confidential from time to time. Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the Educator prior to receiving the confidential information from Winuall; (b) becomes rightfully known to the Educator from a third-party source not known (after diligent inquiry) by the Educator to be under an obligation to Winuall to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Educator in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation; and (e) is or has been independently developed by employees, consultants or agents of the Educator without violation of the terms of this Agreement or reference or access to any confidential information.

13) NON-SOLICIT

During the term or any time after the termination of this Agreement, the Educator will not (either directly or indirectly) solicit (other than general solicitations through newspapers or other media of general circulation not targeted at such Customers/employees of Winuall) any employees or Customers of Winuall; (ii) Educator will not hire any person, who is or was an employees of Winuall or is or was a Customer of Winuall, regardless of any solicitation activities, such Person is an employee or a Customer of Winuall or any of its affiliates until Winuall or its affiliates have been legally wounded/liquidated up under the applicable law ; and (iii) Educator will not, directly or indirectly, on its behalf or on behalf of or in conjunction with any Person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any non-clerical employee, officer, director, independent contractor, advisor, consultant or otherwise with whom it had personal contact or supervised while performing his/her work, to terminate their employment relationship with Winuall and/or its Affiliate(s).

14) NO WARRANTIES

a) The materials on Winuall's Website are provided "as is". Winuall makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Winuall does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. b) The materials as appearing on the Website may contain typographical errors, inaccuracies or omissions. Winuall reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the Website at any time without prior notice, although Winuall is under no obligation to do so. c) Winuall does not give any guarantee, representation or warranty that use of Our Services will be uninterrupted, timely, secure or error-free.

15) INDEMNITY

You shall indemnify and hold harmless Winuall, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of any amendments and/or notifications issued by Telecom Regulatory Authority of India (“TRAI”), Your breach of these Terms of Use, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Winuall and/or third party, including but not limited to any damages caused to the brand image of Winuall by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs. Notwithstanding anything contained in this Agreement or otherwise, Winuall and their respective officers, directors, agents, and employees, shall not be held liable for any acts done by the Educator. However, Winuall may facilitate and support the Educator/End-User in resolving their grievances, complaints or any other issues or potential problem on the basis of the available information. However, the scope of Winuall is limited to the extent of available data and information.

16)LIMITATION OF LIABILITY

IN NO EVENT SHALL WINUALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

17) PRIVACY POLICY

Use of the Services is also subject to Winuall's Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of Winuall’s website. The Privacy Policy noticed at https://winuall.com/privacy-policy is incorporated into this Agreement by this reference.

18) UPDATES

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

19) SEVERABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.

20) TERMINATION

a) These Terms of Services are effective unless and until terminated by either You or Winuall. You may terminate these Terms of Services at any time by notifying Us that You no longer wish to use our Services, or when You cease using Our Website. b) If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Services, We also may terminate this Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof). c) In the event of any termination of this Agreement, Educator shall promptly and forthwith make payments of all the commission accrued or due to Winuall. d) Upon termination of this Agreement: i) Educator shall return to the Winuall all things belonging to Winuall; and ii) any rights or obligations of the Educator existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provision as specifically identified in this Agreement, shall survive.

21) FORCE MAJEURE

If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed. If the Party’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) Business Days, the Parties may terminate this Agreement without incurring any charges.

22) NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.

23) GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Jaipur, India.

24) GRIEVANCE OFFICER

In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below: Name: Chetan Modani Phone: 8951445521 Email: chetan.modani@winuall.com Time: 10:00 AM to 05:00 PM