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Introduction
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Winfocus Online Training Centrehaving its registered office Winfocus Online Training
Centre FZ-LLC, RAKEZ, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, UAE(hereinafter
referred to as " Winfocus OTC", "we", "us", or " our" ) provides online courses and
conducts online classes, live demo, doubt clearing sessions for the students seeking to
enrol for such courses (the "Services"), which Services are accessible at www.WinfocusOTC.com and any other websites through which Winfocus OTC makes the Services
available (collectively, the "Site ") and as applications for mobile, tablet and other smart
devices and application program interfaces (collectively, the "Applications" )
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By accessing or using the Site, Application or Services or by downloading or posting any
content from or on the Site, via the Applications, you would be indicating that you have
read, and that you understand and agree to be bound by these terms and receive our
Services ("Terms of Services" or "Terms"), whether or not you have registered with the
Site and/or Application.
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Therefore, please read these Terms of service before accessing or using the Site,
Application or Services or downloading or posting any content from or on the Site, via the
Application or through the Services, carefully as they contain important information
regarding your legal rights, remedies and obligations.
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If you do not agree to these Terms, then you have no right to access or use the Site,
Application, Services, or Collective Content (as defined below).
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If you are using the Site, Application or Services then these Terms of Service are binding
between you and Winfocus OTC.
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Definition
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the
context otherwise requires, the following capitalized terms wherever used in the Agreement shall
have the meanings as ascribed hereunder:
- "Courses" means educational courses listed on the Site or Application.
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"Course Fees" means the amounts that are due and payable by a Student for enrolment of
Course.
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"Collective Content" means Member Content and Winfocus OTC Content
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"Content"means text, graphics, images, music, software (excluding the Application), audio,
video, information or other materials.
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"Listing" means Courses that are listed by Winfocus OTC as available via the Site, Application,
and Services.
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"Member" means a person, who completes Winfocus OTC’s account registration
process, including but not limited to Teachers and Students, as described under "Account
Registration " in Clause 7 below.
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"Member Content" means all Content that a Member posts, uploads, publishes, submits,
transmits, or includes in their Listing, Member profile or Winfocus OTC promotional campaign to
be made available through the Site, Application or Services.
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"Payment Method" means a payment method that you have added to your Winfocus OTC
Account, such as a credit card, debit card or net banking.
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"Student " means a Member who enrols for Courses on Application or Site, in case of minor
student the parent or guardian who enrol their child or ward for the Courses on Application or
Site.
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"Tax" or "Taxes " mean any sales taxes, value added taxes (VAT), goods and services taxes
(GST), service tax, that Winfocus OTC may be required by law to collect and remit to
governmental agencies, and other similar municipal, state, federal and national indirect or other
withholding and personal or corporate income taxes.
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"Teacher" means a Member who has been selected by Winfocus OTC in order to provide
services through the Site or Application.
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"Winfocus OTC Content" means all Content that Winfocus OTC makes available through the
Site, Application, Services, or its related promotional campaigns and official social media
channels, including any Content licensed from a third party, but excluding Student Content.
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Terms of Service
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Yes
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We believe that every user of our Application/Services/products/Website must be in a
position to provide informed consent prior to providing any Information required for the
use of the Application/Services/products/Website. By registering with us, you are
expressly consenting to our collection, processing, storing, disclosing, and handling of
your information set forth in our Privacy Policy now and as amended by us. Processing,
your information in any way, including, but not limited to, collecting, storing, deleting,
using, combining, sharing, transferring, and disclosing information, all of which
activities will take place in Ras Al Khaimah, UAE. If you reside outside Ras Al Khaimah,
UAE your information will be transferred, processed, and stored in accordance with the
applicable data protection laws of Ras Al Khaimah, UAE.
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By using the Site, Applications or Services, you agree to comply with and be legally
bound by the terms and conditions of these Terms, whether or not you become a
registered user of the Services. These Terms govern your access to and use of the
Site, Application and Services and all Collective Content (defined above), and
constitute a binding legal agreement between you and Winfocus OTC. The user further
accepts to allow Winfocus Online Training Centreto reach them through Call, SMS,
Email, Whatsapp for providing existing services and for providing information on new
products and services and it will supersede the registry of NDNC & DND as per the
regulation of TRAI under the guidelines of TCCPR
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I hereby authorize to receive SMS, Whatsapp, Email and other communications via
Winfocus OTC and it supersedes the registry of NDNC & DND as per the regulation of
TRAI
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In addition, certain areas of the Site and Application (and your access to or use of
certain aspects of the Services or Collective Content) may have different terms and
conditions, standards, guidelines, or policies posted or may require you to agree with
and accept additional terms and conditions. If there is a conflict between these Terms
and terms and conditions posted for a specific area of the Site, Application, Services,
or Collective Content, the latter terms and conditions will take precedence with respect
to your use of or access to that area of the Site, Application, Services, or Collective
Content.
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If you do not agree to these Terms, you have no right to obtain information from or
otherwise continue using the Site, Application or Services. Failure to use the Site,
Application or Services in accordance with these Terms may subject you to civil and
criminal liabilities.
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The Site, Application and Services comprise an online platform which creates Listings
for Courses and Students may learn about and enrol for the course directly through the
Site and Application.
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You acknowledge and agree that, by accessing or using the Site, Application or
Services or by downloading or posting any content from or on the Site or via the
Application, you are indicating that you have read, and that you understand and agree
to be bound by these Terms and receive our Services, whether or not you have
registered with the Site and Application. If you do not agree to these terms, then you
have no right to access or use the Site, Application, Services, or Collective Content. If
you accept or agree to these Terms on behalf of a company or other legal entity, you
represent and warrant that you have the authority to bind that company or other legal
entity to these Terms and, in such event, "you" and "your" will refer and apply to that
company or other legal entity.
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GDPR COMPLIANCE STATEMENT
Winfocus OTC respects and complies with the EU General Data Protection Regulations (GDPR).
Some of the key ways we comply with these regulations are:
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Consent
We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly
consent to contact from us.
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Breach Notification
In the event of a breach, we will notify affected users within 72 hours of first having become aware
of the breach.
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Right to Access
Users can request confirmation as to whether or not personal data concerning them is being
processed, where and for what purpose. Further, we shall provide a copy of the personal data,
in an electronic format.
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Right to be Forgotten
Once we have compared your (the subjects') rights to "the public interest in the availability of the
data", we may delete your personal data where you have requested this.
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Data Portability
We allow you to receive the personal data concerning you, which we will provide in a 'commonly
used and machine readable format' and you have the right to transmit that data to another
‘controller’.
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Privacy by Design
We implement appropriate technical and organisational measures, in an effective way and
protect the rights of data subjects'. We hold and process only the data absolutely necessary for
the completion of our duties (data minimisation), as well as limiting the access to personal data
to those needing to act out the processing.
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Eligibility
Use of the Site, Application and Services is available only to persons who can form legally
binding contracts under Ras Al Khaimah, UAEn laws. The Site, Application and Services are
intended solely for persons who are 18 years of age or older. If you are below 18, then your
parent or guardian can open an account and help you enrol in courses that are appropriate for
you. The use of the Site, Application and Services is also not available to persons whose
membership has been suspended or terminated by Winfocus OTC for any reason whatsoever.
Any access to or use of the Site, Application or Services by anyone under 18 years is expressly
prohibited. By accessing or using the Site, Application or Services you represent and warrant that
you are 18 years or older.
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Usage of Site, Application or Services
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The Site, Application and Services can be used to facilitate the Students to enrol for
Courses. Such Courses are included in Listings on the Site, Application and Services by
Winfocus OTC. You may view Listings as an unregistered visitor to the Site, Application
and Services; however, if you wish to enrol for the Courses, you must first register to create
a Winfocus OTC Account (defined below).
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Winfocus OTC makes available an online platform which provides various online Courses
for the Students. Unless explicitly specified otherwise in the Winfocus OTC platform,
Winfocus OTC's responsibilities are limited to facilitating the availability of the Courses
through the Site, Application and Services.
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Account Registration
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In order to access certain features of the Site and Application, and to enrol for
Courses, you must register to create an account ("Winfocus OTC Account")
and become a Member. You may register to join the Services directly via the
Site or Application or as described in this section. A Teacher is also registered
and an account ("Winfocus OTC Account") created once selected by
Winfocus OTC for providing services through the Site or Application.
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You can also register to join by logging into your account with certain thirdparty social networking sites ("SNS ") (including, but not limited to, Facebook;
each such account, a "Third-Party Account"), via our Site or Application, as
described below. As part of the functionality of the Site, Application and
Services, you may link your Winfocus OTC Account with Third-Party Accounts,
by either: (i) providing your Third-Party Account login information to Winfocus
OTC through the Site, Services or Application; or (ii) allowing Winfocus OTC
to access your Third-Party Account, as permitted under the applicable terms
and conditions that govern your use of each Third-Party Account. You
represent that you are entitled to disclose your Third-Party Account login
information to Winfocus OTC and/or grant Winfocus OTC access to your ThirdParty Account (including, but not limited to, for use for the purposes described
herein), without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account and without obligating Winfocus
OTC to pay any fees or making Winfocus OTC subject to any usage limitations
imposed by such third-party service providers. By granting Winfocus OTC
access to any Third-Party Accounts, you understand that Winfocus OTC will
access, make available and store (if applicable) any Content that you have
provided to and stored in your Third-Party Account (" SNS Content ") so that
it is available on and through the Site, Services and Application via your
Winfocus OTC Account and Winfocus OTC Account profile page. Unless
otherwise specified in these Terms, all SNS Content, if any, will be considered
to be Member Content for all purposes of these Terms. Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts will be available on and through your
Winfocus OTC Account on the Site, Services and Application. Please note that
if a Third-Party Account or associated service becomes unavailable or
Winfocus OTC's access to such Third-Party Account is terminated by the thirdparty service provider, then SNS Content will no longer be available on and
through the Site, Services and Application. You have the ability to disable the
connection between your Winfocus OTC Account and your Third-Party
Accounts, at any time, by accessing the "Settings" section of the Site and
Application. Please note that your relationship with the third-party service
providers associated with your third-party accounts is governed solely by your
agreement(s) with such third-party service providers. Winfocus OTC makes no
effort to review any SNS Content for any purpose, including but not limited to
for accuracy, legality or non-infringement and Winfocus OTC is not responsible
for any SNS Content.
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Your Winfocus OTC Account and your Winfocus OTC Account profile page will
be created for your use of the Site and Application based upon the personal
information you provide to us or that we obtain via an SNS as described above.
You may not have more than one (1) active Winfocus OTC Account. You agree
to provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and
complete. Winfocus OTC reserves the right to suspend or terminate your
Winfocus OTC Account and your access to the Site, Application and Services
if you create more than one (1) Winfocus OTC Account, or if any information
provided during the registration process or thereafter proves to be inaccurate,
fraudulent, not current, incomplete, or otherwise in violation of these Terms
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You are responsible for safeguarding your password. You agree that you will
not disclose your password to any third party and that you will take sole
responsibility for any activities or actions under your Winfocus OTC Account,
whether or not you have authorized such activities or actions. You will
immediately notify Winfocus OTC of any unauthorized use of your Winfocus
OTC Account.
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Course Listings
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Winfocus OTC will create Listing of various online Courses and the details about the
Course, including, but not limited to, the subject, topic, number of sessions, mode of
conduct, and time slots of the lectures and pricing and related rules and financial terms will
be listed on the Site and the Application. Listings will be made publicly available via the
Site, Application and Services. You understand and agree that the placement or ranking of
Listings in search results may depend on a variety of factors, including, but not limited to
Students preferences, ratings
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Students will be able to view Courses via the Site, Application and Services based upon
the information provided in the Listing, Students requirements, and Students' search
parameters and preferences. We understand and agree that once a Student requests
enrolment for Course, We may not request the Student to pay a higher price than that
mentioned in the Site or Application.
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Please note that Winfocus OTC assumes no responsibility for a Student's compliance with
any agreements with or duties to third parties, applicable laws, rules and regulations.
Winfocus OTC reserves the right, at any time and without prior notice, to remove or disable
access to any Student for any reason, that Winfocus OTC, in its sole discretion, considers
to be objectionable for any reason, in violation of these Terms or Winfocus OTC's thencurrent Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site,
Application or Services.
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If you are a Teacher, you understand and agree that your relationship with Winfocus OTC
is limited to being a Member and an independent, third-party contractor, and not an
employee, agent, joint- venturer or partner of Winfocus OTC for any reason, and you
act exclusively on your own behalf and for your own benefit, and not on behalf of or for the
benefit of Winfocus OTC. Winfocus OTC does not control, your offline activities. As a
Member you agree not to do anything to create a false impression that you are endorsed
by, partnering with, or acting on behalf of or for the benefit of Winfocus OTC, including by
inappropriately using any Winfocus OTC intellectual property.
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When you enrol for a Course, you will also be required to upload certain information, such
as, uploading a profile picture or verifying phone number. Any Member wishing to enrol for
any of the Courses must meet these requirements.
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No Endorsement
By using the Site, Application or Services, you agree that any legal remedy or liability that you
seek to obtain for actions or omissions of other Members or other third parties will be limited to
a claim against the particular Members or other third parties who caused you harm. You agree
not to attempt to impose liability on or seek any legal remedy from Winfocus OTC with respect
to such actions or omissions.
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Payment Terms
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If an enrolment is requested for any Course via the Site, Application or Services, We will
either pre-approve, confirm or reject the enrolment request within the period of 7 days from
the date of request for enrolment ('Enrolment Request Period '), otherwise the enrolment
request will automatically expire. If We are unable to confirm or decide to reject an
enrolment request within the Enrolment Request Period, any amounts collected by
Winfocus OTC for the requested enrolment will be refunded to the concerned Student.
When We confirm an enrolment requested by a Student, Winfocus OTC will send the
Student an email, text message or message via e-mail and the Application confirming such
enrolment, depending on the selections you make via the Site, Application and Services.
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The Course Fees payable will be displayed to the Student before the Student sends an
enrolment request to Winfocus OTC. Upon receipt of the Students enrolment request,
Winfocus OTC may initiate a pre-authorization and/or charge a nominal amount to
Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is
cancelled (before any tuitions are provided), any amounts collected by Winfocus OTC will
be refunded to such Student, depending on the selections the Student makes via the Site
and Application, and any pre-authorization of Student's Payment Method will be released,
if applicable.
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Winfocus OTC will collect the Course Fees from Students at the time of the enrolment
request.
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Winfocus OTC agrees that no refund will be permitted in respect of tuitions already
provided and in accordance with the cancellation policy reflected in the relevant Listing, (i)
permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the
Course Fees specified in the applicable cancellation policy. In case relevant Listing does
not have a specified cancellation policy, the refund amount would be pro-rata to the
unconsumed portion of the tuition.
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You agree that Winfocus OTC through its Site or Application would raise system generated
invoice to the Student in relation to the Course for which the Student has enrolled or in
relation to any kind of payment done, as per applicable laws. Winfocus OTC will raise
invoice for the above which shall be inclusive of all applicable Taxes.
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You as a Student agree to pay the Course Fees for any enrolment requested, in connection
with your Winfocus OTC Account. Winfocus OTC will collect the Course Fees pursuant to
the Payments Terms.
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Once you're confirmed enrolment transaction is complete you will receive a confirmation
email summarizing your confirmed enrolment
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Cancellations and Refunds
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If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the
Application, after enrolment to the Course, the cancellation policy contained in the
applicable Listing will apply to such cancellation provided that no refund will be made in
respect of tuitions already provided. Our ability to refund the Course Fees and other
amounts charged to you will depend upon the terms of the applicable cancellation policy
and financial charges applicable in case of course payment through No Cost EMI options.
Details regarding refunds and cancellation policies are available via the Site and
Application. Winfocus OTC will initiate any refunds due pursuant to the Payments Terms.
Please refer to the Refunds section of FAQs for latest updated terms and conditions for
various categories of listings/courses.
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If We cancel a confirmed enrolment made via the Site, Services, and Application, (i)
Winfocus OTC will refund the Course Fees paid by the Student for such enrolment to the
applicable Student pursuant to the Payments Terms which shall not exceed the total
amount paid by the Student.
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Taxes
you understand and acknowledge that appropriate governmental agencies, departments or
authorities (the "Tax Authority ") where your office or residence is located may require Taxes
to be collected from Students on the amount paid for the Course and to be remitted to the
respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required
to be collected and remitted as a percentage of the Course Fees set by Winfocus OTC.
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User Conduct
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You understand and agree that you are solely responsible for compliance with any and all
laws, rules, regulations, and Tax obligations that may apply to your use of the Site,
Application, Services and Collective Content. In connection with your use of the Site,
Application, Services and Collective Content, you may not and you agree that you will not:
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violate any local, state, national, or other law or regulation, or any order of a court,
including, without limitation, Tax regulations;
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use manual or automated software, devices, scripts, robots, backdoors or other
means or processes to access, "scrape," "crawl" or "spider" any web pages or other
services contained in the Site, Application, Services or Collective Content;
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access or use our Site, Application, Services expose or allow to be used or exposed,
any Winfocus OTC Content: (i) that is not publicly displayed by Winfocus OTC in its
search results pages or listing pages before an enrolment is confirmed; (ii) in any
way that is inconsistent with the Winfocus OTC’s Privacy Policy or Terms of
Service; or (iii) in any way that otherwise violates the privacy rights or any other rights
of Winfocus OTC's users or any other third party;
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use the Site, Application, Services or Collective Content for any commercial or other
purposes that are not expressly permitted by these Terms or in a manner that falsely
implies Winfocus OTC endorsement, partnership or otherwise misleads others as to
your affiliation with Winfocus OTC;
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dilute, tarnish or otherwise harm the Winfocus OTC brand in any way, including
through unauthorized use of Collective Content, registering and/or using Winfocus
OTC or derivative terms in domain names, trade names, trademarks or other source
identifiers, or registering and/or using domains names, trade names, trademarks or
other source identifiers that closely imitate or are confusingly similar to Winfocus
OTC domains, trademarks, taglines, promotional campaigns or Collective Content;
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copy, store or otherwise access or use any information contained on the Site,
Application, Services or Collective Content for purposes not expressly permitted by
these Terms;
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infringe the rights of Winfocus OTC or the rights of any other person or entity,
including without limitation, their intellectual property, privacy, publicity or contractual
right
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interfere with or damage our Site, Application or Services, including, without
limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood
pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or technology;
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use our Site, Application or Services to transmit, distribute, post or submit any
information concerning any other person or entity, including without limitation,
photographs of others without their permission, personal contact information or
credit, debit, calling card or account numbers;
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use our Site, Application, Services or Collective Content in connection with the
distribution of unsolicited commercial email ("spam ") or advertisements unrelated to
lodging in a private residence;
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"stalk" or harass any other user of our Site, Application, Services or Collective
Content, or collect or store any personally identifiable information about any other
user other than for purposes of transacting as an Winfocus OTC Student;
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register for more than one Winfocus OTC Account or register for an Winfocus OTC
Account on behalf of an individual other than yourself, except in case where the
parent is registering the account for its child or guardian for its ward;
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contact another Member for any purpose other than asking a question related to an
Enrolment, Course, Listing, or the Member's use of the Site, Application and
Services;
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recruit or otherwise solicit any Member to join third-party services or websites that
are competitive to Winfocus OTC, without Winfocus OTC's prior written approval;
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recruit or otherwise solicit any Member to join third-party services, applications or
websites, without Our prior written approval;
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impersonate any person or entity, or falsify or otherwise misrepresent yourself or
your affiliation with any person or entity;
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use automated scripts to collect information from or otherwise interact with the Site,
Application, Services or Collective Content;
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use the Site, Application, Services or Collective Content to find a Student and then
complete an enrolment of Course independent of the Site, Application or Services,
in order to circumvent the obligation to pay any Fees related to Winfocus OTC's
provision of the Services or for any other reasons;
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violate these Terms or Winfocus OTC's then-current Policies and or Standards;
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engage in disruptive, circumventive, abusive or harassing behaviour in any area or
aspect of our Platform, Application, or Services;
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post, upload, publish, submit or transmit any Content that: (i) infringes,
misappropriates or violates a third party's patent, copyright, trademark, trade secret,
moral rights or other intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading
(directly or by omission or failure to update information) or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to any
other person; or (vii) promotes illegal or harmful activities or substances;
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systematically retrieve data or other content from our Site, Application or Services to
create or compile, directly or indirectly, in single or multiple downloads, a collection,
compilation, database, directory or the like, whether by manual methods, through the
use of bots, crawlers, or spiders, or otherwise;
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use, display, mirror or frame the Site, Application, Services or Collective Content, or
any individual element within the Site, Application, Services or Collective Content,
Winfocus OTC's name, any Winfocus OTC trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page in the
Site, Application or Services, without Winfocus OTC's express written consent;
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access, tamper with, or use non-public areas of the Site, Application or Services,
Winfocus OTC's computer systems, or the technical delivery systems of Winfocus
OTC's providers;
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attempt to probe, scan, or test the vulnerability of any Winfocus OTC system or
network or breach any security or authentication measures;
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avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by Winfocus OTC or any of Winfocus OTC's
providers or any other third party (including another user) to protect the Site,
Services, Application or Collective Content.
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forge any TCP/IP packet header or any part of the header information in any email
or newsgroup posting, or in any way use the Site, Services, Application or Collective
Content to send altered, deceptive or false source-identifying information;
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attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Site, Services, Application or Collective Content;
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advocate, encourage, or assist any third party in doing any of the foregoing; or
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accept or make a payment for Course Fees outside Winfocus OTC. If you do so, you
acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept
all risks and responsibility for such payment, and (iii) hold Winfocus OTC harmless
from any liability for such payment.
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Winfocus OTC has the right to investigate and prosecute violations of any of the above to
the fullest extent of the law. In addition, and as set in these Terms, Winfocus OTC may
take a range of actions against you, including but not limited to deactivating or cancelling
Winfocus OTC Account, for a violation of this Section or these Terms.
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Winfocus OTC may access, preserve and disclose any of your information if we are
required to do so by law, or if we believe in good faith that it is reasonably necessary
to (i) respond to claims asserted against Winfocus OTC or to comply with legal process
(for example, summons or warrants), (ii) enforce or administer our agreements with
users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation,
customer support, product development and debugging purposes, or (iv) protect the
rights, property or safety of Winfocus OTC, its users, or members of the public.
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You acknowledge that Winfocus OTC has no obligation to monitor your access to or
use of the Site, Application, Services or Collective Content or to review or edit any
Member Content, but has the right to do so for the purpose of operating and improving
the Site, Application and Services (including without limitation for fraud prevention, risk
assessment, investigation and customer support purposes), to ensure your
compliance with these Terms, to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body, to respond
to content that it determines is otherwise objectionable or as set forth in these Terms.
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Winfocus OTC reserves the right, at any time and without prior notice, to remove or
disable access to any Collective Content that Winfocus OTC, at its sole discretion,
considers to be objectionable for any reason, in violation of these Terms or otherwise
harmful to the Site, Application or Services.
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Child Safety Policy
This policy is applicable to all persons and organizations associated with Winfocus OTC, referred
to as Winfocus OTC’s Stakeholders, including:
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Employees of Winfocus OTC, who maybe full-time or part-time employees, permanent
or temporary employee, regular permanent employee or employed on contract
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Organizations and persons belonging to that organization, who may partner and/ or
work with Winfocus OTC in any capacity, even for a limited time period or job
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Volunteers who may work with Winfocus OTC, in whichever capacity, even for a limited
period of time
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Children enrolled as students of Winfocus OTC and their parents or guardians who
associate with the child in the official records of Winfocus OTC
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Children who may not be enrolled but are reached out through marketing or sales of
the product and their parents or guardians who associate with the Child
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Any other person or organisations who may be officially associated with Winfocus OTC
and its ambit of work and activity.
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Expected Behaviour and Actions
- Listen to the child and, their views and opinions
- Have a non-judgmental attitude
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Treat every child with empathy and respect regardless of his/her race, colour, gender,
sexuality, religion, language, heritage, religious belief, social origin, or any point that
discriminated a child
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Use appropriate language, behaviours while interacting with the child
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Use appropriate language, behaviours in any online medium used by the
organisation to communicate or engage with children
- Create an environment that enables children to share and express freely
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Always take permission and written consent from guardian before taking photos or
videos of a child
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Keep all personal information of children, their parents and guardians confidential
and secure, such information shall only be shared with authorised individuals
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The live online classes and the content, including but not limited to audio visual
content is age appropriate and culturally appropriate.
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Prohibited Behaviours and Actions
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Do not develop, induce or support any emotional, online/offline physical abuse or
sexual relationship with children in any way
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Do not use or encourage the use of alcohol, drugs, cigarettes or other intoxicating
substance in any of your interaction with children
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Do not develop any form of relationship or arrangement with children including but
not limited to financial, which could be deemed to be exploitative or abusive
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Do not share with or show children online/offline any inappropriate content including
pornographic material or material that encourages crime, violence, racism, sexism,
self-harm, suicide, cruelty
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Do not use language or behaviour towards children that is inappropriate, harassing,
abusive, sexually provocative, demeaning, intimidating, discriminatory, or culturally
insensitive.
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Reporting Misconduct
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone
who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any
other disturbing conduct, you should immediately report such person to the appropriate authorities
and then to Winfocus OTC by contacting us with your police station and report number; provided
that your report will not obligate us to take any action beyond that required by law (if any) or cause
us to incur any liability to you.
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Privacy
In order to provide the services to you we collect some of your Personal Information. We describe
our collection and use of personal information in our Privacy Policy . Please review this policy.
You must agree to the processing of your personal information as laid out in Winfocus
OTC's Privacy Policy (as may be updated from time to time). You agree that Winfocus OTC may
disclose personal information provided to us, including the data entered into the Website, if
required to by law or government request such as a warrant, or as specified in the Privacy Policy .
You must be 18 years or older to use this service. You are responsible for preventing unauthorized
access to your account.
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Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and
other laws of Ras Al Khaimah, UAE. You acknowledge and agree that the Site, Application,
Services and Collective Content, including all associated intellectual property rights, are the
exclusive property of Winfocus OTC and its licensors. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Site, Application, Services, or Collective Content. All trademarks, service
marks, logos, trade names, and any other proprietary designations of Winfocus OTC used on or
in connection with the Site, Application, Services, and Winfocus OTC Content are trademarks or
registered trademarks of Winfocus OTC in Ras Al Khaimah, UAE and abroad. Trademarks, service
marks, logos, trade names and any other proprietary designations of third parties used on or in
connection with the Site, Application, Services, and Winfocus OTC Content are used for
identification purposes only and may be the property of their respective owners. As a Member, you
understand and agree that you are bound by the additional Terms, Guidelines and Policies that
apply to your use of the Site, Application, Services and Collective Content, including Winfocus
OTC's Trademark & Branding Guidelines (as may be updated from time to time).
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Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes
additional terms or product requirements may apply to your use of those products, features or
offerings. If additional terms are available for the relevant product or Services you use, those
additional terms become part of these Terms.
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Application License
Subject to your compliance with these Terms, Winfocus OTC grants you a limited non-exclusive,
non-transferable license to download and install a copy of the Application on each mobile device
or computer that you own or control and run such copy of the Application solely for your own
personal use
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Winfocus OTC Content and Member Content License
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Subject to your compliance with these Terms, Winfocus OTC grants you a limited, nonexclusive, non-transferable license, to (a) access and view any Winfocus OTC Content solely
for your personal and non-commercial purposes and (b) access and view any Member
Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this
section.
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You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the
Site, Application, Services, or Collective Content, except as expressly permitted in these
Terms. No licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by Winfocus OTC or its licensors, except for
the licenses and rights expressly granted in these Terms.
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Member Content
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We may, in our sole discretion, permit you to post, upload, publish, submit or transmit
Member Content. By making available any Member Content on or through the Site,
Application, Services, or through Winfocus OTC promotional campaigns, you hereby grant
to Winfocus OTC a worldwide, irrevocable, perpetual (or for the term of the protection),
non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view,
copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on,
through, by means of or to promote or market the Site, Application and Services. Winfocus
OTC does not claim any ownership rights in any such Member Content and nothing in
these Terms will be deemed to restrict any rights that you may have to use and exploit any
such Member Content.
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You acknowledge and agree that you are solely responsible for all Member Content that
you make available through the Site, Applications, Services or through Winfocus OTC
promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the
sole and exclusive owner of all Member Content that you make available through the Site,
Application, Services or through Winfocus OTC promotional campaigns or you have all
rights, licenses, consents and releases that are necessary to grant to Winfocus OTC the
rights in such Member Content, as contemplated under these Terms; and (ii) neither the
Member Content nor your posting, uploading, publication, submission or transmittal of the
Member Content or Winfocus OTC's use of the Member Content (or any portion thereof)
on, through or by means of the Site, Application, the Services or Winfocus OTC
promotional campaigns will infringe, misappropriate or violate a third party's patent,
copyright, trademark, trade secret, moral rights or other proprietary or intellectual property
rights, or rights of publicity or privacy, or result in the violation of any applicable law or
regulation.
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Hyperlinks
The Site, Application and Services may contain links to third-party websites or resources. You
acknowledge and agree that Winfocus OTC is not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or services on or available
from such websites or resources. Links to such websites or resources do not imply any
endorsement by Winfocus OTC of such websites or resources or the content, products, or services
available from such websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources or the Content, products or services
on or available from such websites or resources.
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Feedback
We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Site, Application and Services ("Feedback "). You may submit Feedback by
emailing us, through the "Contact" section of the Site and Application, or by other means of
communication. You acknowledge and agree that all Feedback you give us will be the sole and
exclusive property of Winfocus OTC and you hereby irrevocably assign to Winfocus OTC and
agree to irrevocably assign to Winfocus OTC all of your right, title, and interest in and to all
Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other
proprietary or intellectual property rights therein, and waive any moral rights you may have in such
Feedback. At Winfocus OTC's request and expense, you will execute documents and take such
further acts as Winfocus OTC may reasonably request to assist Winfocus OTC to acquire, perfect,
and maintain its intellectual property rights and other legal protections for the Feedback.
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Copyright Policy
Winfocus OTC respects copyright law and expects its users to do the same. It is Winfocus OTC's
policy to terminate in appropriate circumstances the Winfocus OTC Accounts of Members or other
account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders.
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Term and Termination, Suspension and Other Measures
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Term
This Agreement shall be effective for till the time Members access or use the Site, Application
or Services or by downloading or posting any content from or on the Site, via the Application or
through the Services Until such time when you or Winfocus OTC terminate the Agreement as
described below.
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Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site
or by sending us an email. If you cancel your Winfocus OTC Account, any confirmed
enrolment will be automatically cancelled and any refund will depend upon the terms of the
applicable cancellation policy. Without limiting our rights specified below, Winfocus OTC
may terminate this Agreement for convenience at any time by giving you 30 days' notice
via email to your registered email address
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Termination for breach, suspension and other measures
-
Winfocus OTC may immediately, without notice terminate this Agreement if (i) you have
materially breached these Terms or our Policies, including but not limited to any breach of
your warranties outlined in these Terms or breach of the " User Conduct " provisions in these
Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information
during the Winfocus OTC Account registration, or Listing process or thereafter, (iii) you have
violated applicable laws, regulations or third party rights, or (iv) Winfocus OTC believes in
good faith that such action is reasonably necessary to protect the safety or property of other
Members, Winfocus OTC or third parties, for fraud prevention, risk assessment, security or
investigation purposes.
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In addition Winfocus OTC may deactivate or delay reviews, or other Member Content, cancel
any pending or confirmed enrolments, limit your use of or access to your Winfocus OTC
Account and the Site, Application or Services, temporarily or permanently revoke any special
status associated with your Winfocus OTC Account, or temporarily or permanently suspend
your Winfocus OTC Account if (i) you have breached these Terms or our Policies, including
material and nonmaterial breaches and receiving poor ratings from Students, or (ii) Winfocus
OTC believes in good faith that such action is reasonably necessary to protect the safety or
property of Members, Winfocus OTC or third parties, for fraud prevention, risk assessment,
security or investigation purposes.
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In case of non-material breaches and where appropriate, you will be given notice of any
measure by Winfocus OTC and an opportunity to resolve the issue to Winfocus OTC's
reasonable satisfaction.
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Consequences of Termination
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If we take any of the measures described above we may (i) communicate to the
Students that a pending or confirmed enrolment has been cancelled, (ii) refund the
Students in full for any and all confirmed enrolments, irrespective of pre-existing
cancellation policies, (iii) support the Students, on an exceptional basis, in finding
potential alternative Courses, and (iv) you will not be entitled to any compensation for
confirmed enrolments that were cancelled.
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If You or We terminate this Agreement, we do not have an obligation to delete or return
to you any of your Member Content, including but not limited to any reviews or
Feedback. When this Agreement has been terminated, you are not entitled to a
restoration of your Winfocus OTC Account or any of your Member Content. If your
access to or use of the Site, Application and Services has been limited or your Winfocus
OTC Account has been suspended or this Agreement has been terminated by us, you
may not register a new Winfocus OTC Account or attempt to access and use the Site,
Application and Services through other Winfocus OTC Accounts.
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Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should
survive termination of the Agreement will remain in effect.
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Disclaimers
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If you choose to use the Site, Application, Services or Collective Content, you do so at your
sole risk. You acknowledge and agree that Winfocus OTC does not have an obligation to
conduct background or character checks on any Member, but may conduct such
background or character checks in its sole discretion. If we choose to conduct such checks,
to the extent permitted by applicable law, we disclaim warranties of any kind, either express
or implied, that such checks will identify prior misconduct by a user or guarantee that a
user will not engage in misconduct in the future.
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The Site, Application, Services and Collective Content are provided "as is", without
warranty of any kind, either express or implied. Without limiting the foregoing, Winfocus
OTC explicitly disclaims any warranties of merchantability, fitness for a particular purpose,
quiet enjoyment or non-infringement, and any warranties arising out of course of dealing
or usage of trade. Winfocus OTC makes no warranty that the site, application, services,
collective content, including, but not limited to, any Courses, will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. Winfocus OTC makes no
warranty regarding the quality of any Listings, Courses, teachers, Students, the Services
or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability
of any collective content obtained through the Site, Application or Services.
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No advice or information, whether oral or written, obtained from Winfocus OTC or through
the Site, Application, Services or Collective Content, will create any warranty not expressly
made herein.
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You are solely responsible for all of your communications and interactions with other users
of the Site, Application or Services and with other persons with whom you communicate or
interact as a result of your use of the Site, Application or Services, including, but not limited
to, any Students. You understand that Winfocus OTC does not make any attempt to verify
the statements of users of the Site, Application or Services or to review any Course.
Winfocus OTC makes no representations or warranties as to the conduct of users of the
Site, Application or Services or their compatibility with any current or future users of the
Site, Application or Services. You agree to take reasonable precautions in all
communications and interactions with other users of the site, application or services and
with other persons with whom you communicate or interact as a result of your use of the
Site, Application Or Services, including, but not limited to, Students, particularly if you
decide to meet offline or in person regardless of whether such meetings are organized by
Winfocus OTC. Winfocus OTC explicitly disclaims all liability for any act or omission of any
Student or other third party.
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Limitation of Liability
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You acknowledge and agree that, to the maximum extent permitted by law, the entire risk
arising out of your access to and use of the Site, Application, Services and Collective Content,
your enrolment of any Course via the Site, Application and Services, and any contact you
have with other users of Winfocus OTC whether in person or online remains with you. Neither
Winfocus OTC nor any other party involved in creating, producing, or delivering the Site,
Application, Services, Collective Content will be liable for any incidental, special, exemplary
or consequential damages, including lost profits, loss of data or loss of goodwill, service
interruption, computer damage or system failure or the cost of substitute products or services,
or for any damages for personal or bodily injury or emotional distress arising out of or in
connection with these terms, from the use of or inability to use the Site, Application, Services
or Collective Content, from any communications, interactions or meetings with other users of
the Site, Application, or Services or other persons with whom you communicate or interact as
a result of your use of the Site, Application, Services, or from your Enrolment of any Course
via the Site, Application And Services, whether based on warranty, contract, tort (including
negligence), product liability or any other legal theory, and whether or not Winfocus OTC has
been informed of the possibility of such damage, even if a limited remedy set forth herein is
found to have failed of its essential purpose.
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In no event will Winfocus OTC's aggregate liability arising out of or in connection with these
Terms and your use of the Site, Application and Services including, but not limited to, your
enrolment of any course via the Site, Application and Services, or from the use of or inability
to use the Site, Application, Services, or Collective Content and in connection with any course
or interactions with any other members, exceed the amounts you have paid or owe for
enrolments via the Site, Application and Services as a student in the three (3) month period
prior to the event giving rise to the liability. The limitations of damages set forth above are
fundamental elements of the basis of the bargain between Winfocus OTC and you.
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Indemnification
You agree to release, defend, indemnify, and hold Winfocus OTC and its affiliates and
subsidiaries, and their officers, directors, employees and agents, harmless from and against any
claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with (a) your access to or use of the
Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member
Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not
limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or
otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a
Course.
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Entire Agreement
Except as they may be supplemented by additional Winfocus OTC policies, guidelines, standards,
or terms for a specific product, feature, service or offering, these Terms constitute the entire and
exclusive understanding and agreement between Winfocus OTC and you regarding the Site,
Application, Services, Collective Content (excluding Payment Services), and any enrolments
made via the Site, Application and Services (excluding Payment Services), and these Terms
supersede and replace any and all prior oral or written understandings or agreements between
Winfocus OTC and you regarding enrolments, the Site, Application, Services, and Collective
Content (excluding Payment Services).
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Notices
Any notices or other communications permitted or required hereunder, including those regarding
modifications to these Terms, will be in writing and given by Winfocus OTC (i) via email (in each
case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices
made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
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Governing Law and Jurisdiction
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These Terms and your use of the Services will be interpreted in accordance with the laws
of Ras Al Khaimah, UAE excluding its rules on conflicts of laws. You and we agree to
submit any dispute arising under these Terms to the personal jurisdiction of a court located
in RAKEZ, Ras Al Khaimah, UAE for any actions for which the parties retain the right to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents, or other intellectual property rights.
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Any dispute, claim or controversy arising out of or relating to this Terms including the
determination of the scope or applicability of this Terms to arbitrate, or your use of the
Application or information to which it gives access, shall be determined by arbitration in
Ras Al Khaimah, UAE, before a sole arbitrator mutually appointed by Members and
Winfocus OTC. Arbitration shall be conducted in accordance with the Arbitration and
Conciliation Act, 1996. The seat of such arbitration shall be RAKEZ, Ras Al Khaimah. All
proceedings of such arbitration, including, without limitation, any awards, shall be in the
English language. The award shall be final and binding on the parties to the dispute.
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If you are a resident of the European Economic Area (EEA) you have the right to complain
to a Data Protection Authority about our collection and use of your personal information.
For more information, please contact your local data protection authority in the EEA.
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No Waiver
The failure of Winfocus OTC to enforce any right or provision of these Terms will not constitute
a waiver of future enforcement of that right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized representative of
Winfocus OTC. Except as expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to its other remedies under
these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision
of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and effect
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Miscellaneous
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Winfocus OTC shall have no liability of any nature, whether in contract, or otherwise, for
any losses whatsoever and howsoever caused, from or in any manner connected with any
of the Services provided by Us.
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Winfocus OTC is not liable for any failure or delay of performance (or otherwise) arising
out of a cause beyond Winfocus OTC’s reasonable control.
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You may not assign or transfer these Terms, by operation of law or otherwise, without
Winfocus OTC's prior written consent. Any attempt by you to assign or transfer these
Terms, without such consent, will be null and of no effect. Winfocus OTC may assign or
transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors and permitted
assigns.
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Winfocus OTC reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) provided by Us with or
without notice. You agree that Winfocus OTC shall not be liable to You or to any third party
for any modification, suspension or discontinuance of such Services. It is Your
responsibility to review these Terms periodically for updates/changes.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the information provided by us, including any intellectual property
rights of Winfocus OTC or any person firm or corporation having posted information for
availability through the Services provided by us.
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You agree that in the event Your post or Your information violates any provision of this
Terms, We shall have the right to refuse to provide You or any person acting on Your
behalf, access to the Site and Application, terminate and/ or suspend Your access if
applicable in the future.