Terms and Conditions

Thank you for choosing Betawinds Learning Solutions!

Please read these Terms and Conditions carefully. By using this website you agree to accept the Terms and conditions defined below. The following interpretations and terminology apply to these Terms and Conditions, Privacy Policy, and all Agreements.

Betawinds Learning Solutions LLP (“Company”, “Ourselves”, “We”, “Our” or “Us” and their connotations) operates a website and its subdomains (URL: https://www.betawinds.com/ (“Platform”) which is engaged in the providing online education services for skill development, and offers professional coaching and consulting services. The Terms and Conditions (“Terms”) describe the terms on which the Company grants end users access to the Platform (hereinafter referred to as “Services”) and shall be read with the Privacy Policy

The term "you", “your” and "yours" refers to the viewer or user of our Platform. Anyone below 18 years of age is assumed to be a child and requires parental consent to use the Platform. 

Both you and the Company are together called "Party" or "Parties". 

1. General

1. By choosing to visit the Platform and/or avail any of the Services provided by the Company, you agree to be bound by these Terms. If you are a parent or guardian and you provide your consent for your child's use of the Platform, you agree to be bound by these Terms with respect to their use of the Platform. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services. 
2. The contents of the Platform, such as text, graphics, images, videos, and other material contained are for informational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. The contents are provided on an "as is" basis and have not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility, as the user, to satisfy yourself, prior to making use of this site, that the Services available from and through this Platform will meet your individual requirements and be compatible with your hardware and/or software.
3. The Company reserves the right to modify (change, add or remove, in part or full) these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. By continuing to access our Platform and/or our Services after such modifications have been published, you agree to comply with and be bound by them.

2. Description of Services

The Company facilitates online education services for skill development, and offers professional coaching, and consulting services. The concept is to create a strong life skills foundation through on-demand content accessible to interested learners. 

3. Age restrictions

Anyone below 18 years of age is assumed to be a child and requires parental consent to use the Platform. The Company is indemnified from any and all liability, including any liability arising as a result of your failure, or someone acting on your behalf, to provide accurate information about our Platform and its Services.

4. Platform access

1. In order to access the Company’s Platform and its Services, you may have to create an account and disclose information including, but not limited to, (i) name, e-mail address, birth date and year, photograph, location and other contact information (ii) gender and other demographics. You must be at least 18 years old to register on the Platform. If you are under 18 years old, such registration should be completed by a parent or legal guardian. You acknowledge that your username and password (“Learner Account”) is for your exclusive use only. Use or sharing of your Learner Account with a third party is not permitted and will lead to immediate blocking of your access to the Platform, the Services and the content provided by the Company. You are responsible for maintaining the confidentiality of your Learner Account and for all activities that occur under it. You agree to immediately notify the Company if you become aware of any unauthorized use of your Learner Account. You agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Learner Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Learner Account. 
2. You must comply with the laws that apply to you in the location where you access Company’s Platform and its Services from. If any laws applicable to you restrict or prohibit you from using Services of the Company, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company. You agree that all the information you provide to the Company on accessing and/or using the Services of the Company is and shall remain true, accurate and complete at all times.
3. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of its Platform or any other website.  You agree and undertake not to hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Services, or any related activities that would harm the Company, its users and the associated third-parties, by any means including but not limited to its data, intellectual properties, technology, services, or reputation. The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third-party software to modify any aspect of the Service.

5. Course contents and License to Use

1. The Company shall grant you access to its material, content, curriculum, documents and other information and data (“Curriculum”) which may be in the video, audio, text, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time. The Company has trainers who will be assisting the learners at regular intervals with the learning modules.
2. The Company hereby grants you, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform and its Services only for the purposes of accessing learning contents, viewing, posting or submitting your learning-related materials. This license is limited to personal and non-commercial uses. Any rights not expressly granted to you herein are reserved to the Company. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent. 

6. Use of the Platform by the child

You expressly acknowledge and undertake that:

1. You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child;
2. We do not encourage your child to post any personal information on the Platform and the ill effects of such revelation shall be borne by you. However, you can request the Company via e-mail from your registered email id to delete any such information posted by the child;
3. You grant your consent to the Company for your child to attend and participate in the courses, sessions and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services provided by the Company. You undertake that the participation of the child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.

7. Intellectual Property Rights

1. You acknowledge that the Company is the sole and exclusive owner of the Platform, the Services provided by the Company, the Curriculum and its content. The Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the Curriculum. The Company shall have the right to record the classes, discussions, events, conversations, and feedback, offered in online or any other format, for the purpose of improving its Products and Services. The Company retains all the rights to such recordings, text, images, or other formats taken during the sessions delivered by the Company’s trainers. 
2. The Company shall have an exclusive right including in the nature of intellectual properties throughout the world to use, publish, display, exhibit, transmit, broadcast, disseminate, market, advertise, license, transfer, modify, and create derivative works from such recorded contents mentioned hereinabove, through various medium including but not limited to social media, webpages, electronic or print media, news articles, blogs etc.
3. You undertake that you shall not record, make videos or sound/ audio recordings, take screenshots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the course contents, Curriculum and sessions/ lectures that are conducted by the Company. Any non-compliance with the said terms and conditions will be treated as a breach, and you shall be solely liable for such breach under the applicable laws. All other rights are reserved.
4. The Company retains all rights (including design, layout, organization, copyrights, trademarks, patents, designs, logos, trade secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos, except the content made available to you from other platforms that the Company may partner or use under an open license, which may change from time to time. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part, is strictly prohibited. You are granted a non-exclusive, non-transferable, revocable license to access and use this site strictly in accordance with these terms. You are permitted to use this site solely for personal, non-commercial and lawful purposes. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.
5. You agree and acknowledge that the Company may from time-to-time conduct events, contests, webinars/ seminars, and award ceremonies, as it may deem fit (“Events”) on or in connection with its courses which shall be the exclusive property of the Company. You agree to release the Company from any claim arising out of the use of Event-related content including through its publication, exhibition, transmission, broadcast, dissemination or advertisement in any form or mode. You agree that you shall not be entitled to any compensation or other rights or benefits against such promotional usage by the Company.
6. You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, and take screenshots during the classes/ sessions that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company. All rights, ownership, and intellectual property in the contents created by you and/or your child on or by using the Platform, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property of your contents to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, publish, post and display any/all such user content. This excludes your personal data, and we will not use your personal data without your consent. 
7. We may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing. 
8. We respect the intellectual property of others. If you believe your copyright has been violated by us, please give notice at support@betawinds.com. We will, upon receipt of such notice and confirmation that such copyright has been violated, use all reasonable means to remove the infringing content.

8. Payment and Refund

1. The Platform offers paid Services and the fees quoted shall be according to the courses or bundles you intend to choose. You are responsible for paying all fees and applicable taxes and you authorize the Company to charge you as per the applicable payment mode opted by you. The fees may vary based on your location and other factors, and the Company reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
2. All payments shall be through the payment mechanism put in place by the Company. You have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and you agree to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed by you and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. 
3. There is a 100% refund (excluding any convenience charges paid) if you have not accessed more than the first 2 (two) modules of the course content, from the course you have purchased ("Learning Completion"). In such cases, you can request a refund within 2 weeks (14 days) after your payment. 

9. Third Party Services

1. You acknowledge that the Services provided by the Company use and/or contain certain software, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third-party websites. By accessing the said third-party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulting therefrom.
2. Further, you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information for the purpose of providing the Services. In some cases, the organisations that we may disclose your personal information to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information. In the event of any dispute between the third party and you, the company shall not be held liable in any matter whatsoever.

10. Service Access

The Company endeavours to ensure that the Platform is normally available without major interruption. However, access to the Platform may be suspended temporarily and without notice in the case of system failure, unforeseen maintenance or repair or for reasons beyond the Company’s control. The Company shall not be liable if for any reason the Platform is unavailable at any time or for any period. Further, the Company makes no warranty that its services will be uninterrupted, secure and error-free or the result obtained from any Service will be accurate or that the quality of products and services will meet your expectations. Access to any service or product is at your own discretion and risk. The Company reserves all rights to change, modify or discontinue any service, temporarily or permanently, and we shall not be liable to you or the third party for any such decisions.

11. User Content and Conduct

1. As part of the Services, the Company offers you the opportunity to submit comments, practical works, and feedback, in relation to the Curriculum and learning experience ("User Content"). This includes but is not limited to access and use of any chat room, groups, message boards, or other online forums available on the Platform. 
2. You agree to use the Platform in accordance with all applicable laws. We respect the constitutional right to freedom of speech your right to free speech is subject to the provisions of the Constitution. The Company accepts no responsibility for actively monitoring any forums, such as but not limited to LinkedIn, Instagram and any such other forums as may come into existence, contained in the Platform for inappropriate User Content. 
3. You are prohibited from posting or transmitting to or from the Platform, including the Company’s LinkedIn, Instagram, and other social networking media which may breach any of the Terms. You warrant and represent that your content, including any content posted by your child during the provision of Services using any third-party platform and/or published outside of the Platform, will not be inappropriate. 
4. The User Contents do not reflect the views and opinions of the Company, its agents and/or affiliates. To the extent permitted by applicable laws, the Company shall not be liable for the User Contents or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the User Contents on the Platform. You agree that the Company accepts no liability whatsoever if we choose from time to time to edit, restrict or remove the inappropriate User Content. The Company will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose or identify or locate anyone posting any inappropriate User Content. 
5. Without limitation, content may be considered inappropriate if it is:

• misleading in any way, and/or it gives a false impression as to its origins or approvals;
• threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, which may cause annoyance or inconvenience,  in breach of confidence, in breach of privacy;
• infringes any intellectual property rights proprietary to the Company or any third party, or for which you have not obtained all necessary licences and/or approvals;
• contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
• technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
• advertises or promotes any product or service or makes any requests for donations or financial support;
• creates a link to this site from a third-party site or document without our prior written consent;
• impersonates another person or otherwise misrepresents your identity, affiliation or status;
• constitutes or encourages conduct that would be considered a criminal offence in any jurisdiction, gives rise to civil liability, or is otherwise unlawful; and/or
• in breach of these Terms and/or of any additional Terms.

12. Indemnity

You agree to indemnify and hold us harmless, our contractors, our licensors, and respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to the violation of these Terms by you.

13. Limited Liability 

1. The company ensures that the information and the Services facilitated through the Platform and its trainers are accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the trainers on the Platform. We shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Platform or the Services provided. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Platform is free from errors or omissions or that the Service will be uninterrupted and/ or error-free. 
2. The Company or any other party (involved in developing, managing and offering Services), and any of the companies associated with us and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, in connection with the Platform in any way or connection with the use, inability to use or the results of use of the Platform and its Services, or the related material/content, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of the Platform or your downloading of any material or any Services linked to the Platform. 
3. You agree to keep the Company and its associates shall be fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against the Company as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by the Company to you.  
4. You are held personally liable for any violation of a third party's rights by you and your Child. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against the Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defence, including all court and legal fees. This condition does not apply if you are not responsible for the infringement. 
5. You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
6. The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by you to the Company for its Services. 
7. At any instance of live interactive sessions, if the trainer uses any sexual or abusive language or depicts any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided below in Section 18. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance. 
8. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law. 
9. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including internet outages, communications outages, fire, flood, war or act of God.  

14. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that you have breached any of these Terms. You may also terminate your agreement with the Company by ceasing to access the Platform and its Services, by deleting all copies of the data or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

15. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

16. Miscellaneous

1. Assignability: Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company at its sole discretion. Any attempted transfer or assignment by you in violation hereof shall be considered null and void. 
2. Severability: In the event that any provision of this Contract is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Contract and all other provisions shall remain in full force and effect as valid and enforceable.
3. Entire Agreement: This Agreement, along with the Privacy Policy, and any additional guidelines, rules, and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of our Platform and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

17. Governing Law and Jurisdiction

1. The Terms shall be construed in accordance with the applicable laws of India. In the event of any dispute arising in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, it shall be resolved by Arbitration. The matter shall be referred to an independent arbitrator who will be appointed mutually and the Arbitrators' decision shall be final and will be binding on both the Parties. The seat of arbitration shall be Coimbatore and the language shall be English. 
2. If the disputes under this Contract are not resolved by Arbitration, the disputes shall be resolved by litigation in the courts of the Erode, TamilNadu and all the Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it.
3. Without any prejudice to particulars listed in Section 17 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
4. The foregoing paragraphs in this Section 17, shall not override and shall be without prejudice to any rights you have as a consumer under your local laws.

18. Contact us

• If you have any questions about these Terms, please write to us at: support@betawinds.com