Elephant

TERMS AND CONDITIONS FOR MEMBERS / TRAINERS / TRAINEES

This‘MEMBERS / TRAINERS / TRAINEES Terms and Conditions ("Agreement") contains the terms and conditions that govern your access to and use of the Program (as defined below). "We," "us," "our," and "www.wealthfarms.com" means M/s. Windfall Edutech Private Limited (hereinafter referred to as the “Company”) a Company incorporated under the Companies Act, 1956 and having its office in Mumbai - India, hereinafter referred to as the Company on the one part and "You" and "your" means the Member / User who / which buys / avails the Services Package of the company, as specified herein below, hereinafter referred to as the "Member" on the other part. "Service" means any Service offered or delivered through the Program.

By registering FOR OR using the M/S. WINDFALL EDUTECH PRIVATE LIMITED SERVICE PROGRAM ("PROGRAM"), YOU: (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTOCONTRACTS (E.G., YOU ARE NOT A MINOR). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.

Mission

The Company has been incorporated with a mission to spread Intelligent Investing in Equity Markets, keeping in view the following factors:

  • (a) To impart Fundamental Investing knowledge to those who either want to use / buy the Company's Package.
  • (b) To generate self-employment opportunities for those who wish to Associate with us on the basis of our "Learning with Growing" concept.
  • (c) To educate the masses about the basics of investing.
  • (d) To provide ‘Basic’ investing knowledge through regional languages in addition to the English language.
  • (e) To provide various tutorials for self-learning and acquiring basic and fundamental knowledge with the support of Member or Company.
  • (f) Any other such activity in the field of Equity Markets, which can help, attain objective.

1. ENROLMENT:

o begin the enrolment process, you may be required to complete the account creation processvia the M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com as identified by us. You will at all times comply with the policies, guidelines and terms pertaining to the Program including the Content Guidelines and the Acceptable User Policy on the said M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com and any other notification/updates received on your registered email address and Mobile number from M/s. Windfall Edutech Private Limited (collectively, "Local Service Ads Policies").

2. YOUR ACCOUNT:

If we require you to create an account, as mentioned in Section 1 above, you will be solely responsible for maintaining accurate, current and complete account information, for maintaining the secrecy of any account passwords and for all activities that occur under your account. You will administer the account yourself or designate an account administrator for your account who may access your account. As a participant in the Program, you agree we may send you e-mail, SMS, WhatsApp updates about theProgram and your account. We would require your Know Your Customer (KYC) documents including PAN and Aadhaar Card alongwith the Bank Details like Account holder’s name, IFSC Code, Account Number, or any other requirements that may change from time to time.

3. ONLINE PRESENCE:

"M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com" means: (a) any website or other online point of presence operated by M/s. Windfall Edutech Private Limited or any of our affiliated companies; and/or (b) any other website, device, service, feature or online point of presence through which any website of any of our affiliated companies and/or Services or services available thereon aresyndicated, promoted, offered, merchandised, advertised or described.

4. SERVICE INFORMATION:

We will provide (in a feed/graphical interface format the Service that is up for sale and we require or accept your confirmation and in accordance with applicable Program Policies) accurate, current and complete information for each of our Services and will promptly update such information as necessary to ensure it at all times remains accurate, current and complete. We will ensure that the information provided by us under this Agreement will, at all times, comply with the Service specifications, its Terms & Conditions, after sales Policies and applicable laws. You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, promote, market, distribute, adapt, transmit,modify, excerpt, analyze, re-format, create derivative works of and otherwise commercially or non-commercially exploit in any manner, any and all of the Service information you submit, and to sublicense the foregoing rights.

5. SERVICE DETAILS / COMPENSATION (PROMOTION INCENTIVE):

The Company shall pay to you Compensation / Promotion incentive as prescribed in the marketing/training plan. The marketing plan shall be available at website of the Company. We will release the promotional compensation to you/your Company on achieving the levels subject to your continuity of Membership with the Company and the payment shall be directly credited into your Bank Account registered with the Company. The payment would be made only on successful KYC submission and shall be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of promotion incentive from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or fixed income to you. In case of any discrepancy the Company’s decision shall be final and binding upon you.

6. PROGRAM REQUIREMENTS:

You agree that we may use mechanisms that rate, or allow users to rate, our Services and/or ourperformance, and we may make these ratings and feedback publicly available. You agree we may use automated software and other methods to cache, crawl, spider, analyze and examine websites and otherproperties related to the Program and/or communicate with you through automated or manual channels (including SMSs or e-mails) or verify your details/information provided by you to improve our service and ad- quality.You will not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities in connection with your participation in the Program, including: (a) creating accounts with your KYC including money from other person(s)/Party(ies); (b) posting Service Ads for fictitious Services; (c) generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; (d) collecting any user information from any M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com or retrieving, extracting, indexing or caching any portion of any M/s. Windfall Edutech Private Limited website or services or the websites or services of our affiliates, whether through the use of automated applications or otherwise including for any commercial purposes; (e) submitting information that is incorrect, impersonates another person, inappropriate, obscene, defamatory, infringing or unlawful; (f) targeting communications of any kind on the basis of the intended recipient being a user of any M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com; (g) posting Service Ads which are irrelevant for the local area for which they are posted (h) interfering with the proper working of any M/s. Windfall Edutech Private Limited Network Property, the Program or our systems; or (i) attempting to bypass any mechanism we use to detect or prevent such activities. In the event that you do not comply with the Program Requirements stated in this Section, the provisions of this Agreement, M/s. Windfall Edutech Private Limited may, in its sole discretion and without prejudice to any other right it may have under law, suspend your account on M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com or take any other measures as it may deem fit, without any further liability towards you. You shall enjoy the following privileges:-

  • i. Incentive / Compensation for sale of Services of the Company as per marketing plan.
  • ii. No territorial restriction to receive the payment in his/her Bank Account across India.
  • iii. Search and inspect his/her account on website of the Company through the Unique ID and password awarded by the Company.
  • iv. Incentive in your Account shall be in proportion to the volume of performance by the Company either by his personal efforts or directly by Company as stipulated in the marketing plan of the Company.

7. MARKETING PRIVILEGE TO MEMBER:

The Member gets an additional privilege to showcase or market their product or services on the website of the Company and the said optional service is available on free of cost basis, subject to prior approval of the Company. The Member using this platform gets an option to give discount to visitors and other members who wants to purchase product or utilise the services of the Member. However, it is made clear that the Company under any circumstances is not liable for fulfilment of obligation for any business promotion or the Company under any circumstances does not guarantee for any advertisement displayed by the Member. The Member indemnifies the Company from any claim or litigation or complaint arising out of such advertisement done by the Member.

8. RETURN POLICY:

Any code if found damaged or defective or contrary to the display at the time of delivery shall be eligible for replacement and the same has to be intimated within a period of 48 hours on the website/mobile application of the M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com. The code shall be delivered or returned back to us within a period of 15 days at the registered address of the Company. Such return shall be governed by the return policy published on the website of the Company. Under any circumstances, no refund shall be considered after 15 days of generation of USERID and the generated USERID shall remain unused to claim the refund of paid fees within 15 days of Free look cancellation period.

9. TERM OF THE AGREEMENT:

Theterm of this Agreement will begin upon your acceptance of this Agreement and will end on completion of 1 year from date of joining if the member fails to renew its membership and you will be exited from the program unless otherwise you enter into a new contract or purchase a new Service. We may terminate this Agreement at any time, with or without cause, by providing notice to the other party as setforth in this Agreement. Upon termination, all rights and obligations of the parties under this Agreement will end.

10. TERMINATION:

It is mutually agreed between the parties that:

  • (a)The Member will not use the educational software of the company, which is against any law or public policy or contrary to any of the terms of this Agreement. Any reproduction, re-distribution, resale or unlawful use of the Services of the company will result, in termination of this Agreement by the company and the Member shall be liable to be prosecuted under the civil / criminal law.
  • (b) Any copying or reproduction of the Service Package / Business Plan / any content of our website and educational software of the company shall be deemed as violation of this Agreement and will attract its immediate termination by the company. Such act of a Member shall render him / her liable to be prosecuted under civil / criminal / copyright / trademark law.
  • (c)Any misrepresentation of the aims and objectives of the company, which include but are not limited to, investment education, that may or may not be harmful to the interest of the company, will invite immediate termination of this Agreement by the company, and consequential suspension / cancellation of any rights and obligations that arise out of this Agreement.
  • (d) This Agreement will stand automatically terminated the day a Member sets up his / her own Firm / Business / Company with the similar aims and objectives or by and large similar to as those of the company.
  • (e)The company reserves the right to terminate the Agreement immediately without any written notice if any Member is found to indulge in anti-company activities in any manner or found to disturb any Private or Public Business Meeting or Free Teaching Seminar organized by the Associates or the Company.
  • (f) The company reserves the right to terminate the Agreement without assigning any reasons with or without giving any written notice to a Member, if Acts / Deeds of the Member are detrimental to the interest of the company.
  • (g) You must take a written permission from Windfall Edutech Pvt. Ltd. to produce / publish any promotional materials such as CDs, VCDs, DVDs, online social media audio, videos, images, Books, Audio cassettes etc. for distribution to other Windfall Members. The developed promotional material such as CDs, VCDs, DVDs, online social media audio, videos, images, Books, Audio cassettes etc. by any Windfall Associate is only for FREE distribution to other Associates and it cannot be sold at any price in any circumstances to other Windfall Associates / Guests. Violation of this will attract immediate termination by the company.
  • (h) The Membership stands terminated automatically after 1 year of joining the Member fails to renew its membership.