Terms and Conditions for “We Learn TM

IMPORTANT: Please read this Terms and Conditions Carefully. You agree (Either Yourself or Other Persons On behalf of You) to be bound by this Terms and Conditions on Ordering the Product “WeLearn” - Education Software-DVD or Purchasing and Accessing the Contents by Activation. If You do not agree to this Terms and Conditions do not Access or Activate the WeLearn Educational Software DVD. 1. Delivery

a. Delivery of the Products shall take place at the delivery address, or email address, stated in the Order Confirmation. Such address shall be deemed the “Delivery Point”.

b. Customers will receive delivery of the Products within 7 days of Smartway India Enterprises LLP giving Customers notice that the Products are ready for delivery.

c. In case of Products are Out-of-Stock Products We will despatch your product as it becomes available. Usually, products despatched within 2 days if your order is received along with Payment. For Orders received on Saturday, Sunday or any major holiday(s), Estimated product Despatch/Delivery dates are based on business days. Monday - Friday (excluding weekends and some holidays).

d. Any dates specified by Smartway India Enterprises LLP for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

e. Subject to the other provisions of this Terms and Conditions, Smartway India Enterprises LLP shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profit, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Smartway India Enterprises LLP negligence).

f. Notwithstanding the foregoing, there may be times when the Product you have Ordered is Out-of-Stock, which will delay fulfilling your Order, and Delivery in Time. You may terminate or rescind the Order only if there is a delay which exceeds 30 days and which is occasioned by Smartway India Enterprises LLP. In such instance, Users shall only be entitled to a refund of any amount already paid to Smartway India Enterprises LLP pursuant to such Order.

g. If for any reason Customers fail to accept delivery of any of the Products when they are ready for delivery, or Smartway India Enterprises LLP is unable to deliver the Products on time because Customers have not provided appropriate instructions, Correct Address, documents, licences or authorisations:

  • (i) risk in the Products shall pass to Customers (including for loss or damage caused by Smartway India Enterprises LLP negligence);

  • (ii) the Products shall be deemed to have been delivered; and

  • (iii) Smartway India Enterprises LLP may store the Products until delivery, whereupon Customers shall be liable for all related costs and expenses (including, without limitation and storage).

2. Non-Delivery

a. The quantity of any consignment of Products as recorded by Smartway India Enterprises LLP upon dispatch from Smartway India Enterprises LLP’s place of business shall be conclusive evidence of the quantity and quality received by Customers. on delivery unless Customers can provide conclusive evidence proving the contrary.

b. Smartway India Enterprises LLP shall not be liable for any non-delivery of Products (even if caused by Smartway India Enterprises LLP's negligence) unless Customers gives notice to Smartway India Enterprises LLP of the non-delivery within 24 hours of the date when the Products would in the ordinary course of events have been received.

c. Any liability of Smartway India Enterprises LLP for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Order rate against any invoice raised for such Products. Software download failures must be notified to Smartway India Enterprises LLP within 48 hours to obtain a replacement download.

3. Return Policy

a. Customers should notify Smartway India Enterprises LLP (a) within 48 hours following delivery of Product(s) of any missing, incorrectly delivered, incorrect specification or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged or which failed to download/install successfully; or

b. within 48 hours following discovery of any non-visible damage or defect in Product(s) supplied.

c. Where Product can be returned to Smartway India Enterprises LLP by Customer, under this Terms and Conditions, a Customer must supply clear details of Identity and Address Proof with Original Bills, when returning any items. In addition, all items should be made available for collection and inspection at a time which is mutually convenient insofar as possible. Customers should act reasonably in complying with a request by Smartway India Enterprises LLP. Customers should return the Product to the Corporate office of Smartway India Enterprises LLP in Person or thru Bearers along with a Written Consent Letter. Customers can also send the Product by Courier, but need to ensure that goods are adequately packaged to protect from potential damage whilst in transit, and obtaining proof of collection from the courier will remain the responsibility of the Customer. Couriers are not insured for the carriage of Product except at the Customer's arrangement with the courier. Smartway India Enterprises LLP is not liable for acts or omissions of the courier.

4. Refund

You Agree that Smartway India Enterprises LLP will not by liable for any refund of the Price of the Product paid by you once you Activate and Install the WeLearn Educational Software-DVD through an Activation Key, provided by Smartway India Enterprises LLP upon your Request for an Activation Key.

5. Limitations of Use

Subject to this Terms and Conditions,

a. Smartway India Enterprises LLP grants to you a non-exclusive, non-transferable, perpetual license to use the Content in WeLearn Educational Software-DVD, solely as permitted herein. All rights in any Content created by Smartway India Enterprises LLP shall be Smartway India Enterprises LLP property throughout the Universe and in Perpetuity. No other, further or different license is granted, and no rights are transferred or assigned by Smartway India Enterprises LLP to you. Smartway India Enterprises LLP reserves all rights not expressly granted herein. If you have any question about, if a use is allowed, contact Smartway India Enterprises LLP Interactive.

b. You may not make duplicate copies of the WeLearnTM.

c. You may not decompile, reverse engineer, disassemble, modify, or create derivative works of the WeLearn’sTM Content.

d. Images, Pictures, Graphics, Animations, Audios,Videos, Texts and Illustrations used in the WeLearn are/maybe copyrighted material that cannot be used, printed or republished in any manner outside of the TM.

6. Transfer

You may not rent, lease, lend, redistribute or sublicense the WeLearn Education Software-DVD, Images, Pictures, Graphics, Animations, Audios, Videos, Texts and Illustrations. This Product is not transferable after Installation and Activation is done.

7. Disclaimer of Warranties

a. You expressly acknowledge and agree that use of the WeLearnTM is at your own risk. The quality, performance and accuracy of all material is to be found acceptable by you. To the extent permitted by applicable law, that the WeLearn’s contents are provided “as is”, with all faults and without warranty of any kind. No oral or written information or advice given by Smartway India Enterprises LLP or a Smartway India Enterprises LLP’s authorized representative(s) or Distributor(s) shall create a warranty.

b. In case of any Omissions and Errors are found the Customer has to inform Smartway India Enterprises LLP by registered email id or by calling customer care number only. The Same will be rectified and the content will be sent only to the registered email id of the Customer within dates specified by Smartway India Enterprises LLP. If no dates are so specified, mail shall be sent within a reasonable time. These rectification of errors and omissions will be done only if the Product does not exceed the Validity Period i.e., One Year from the date of Invoice. Customer cannot claim any warranties for Substitute content for Errors and Omissions after such period of Validity.

c. In the event the Syllabus of CBSE (NCERT) being changed or Altered or cancelled or added during the Academic Year or later, Smartway India Enterprises LLP is not liable to supply that part of the content to the Customer, even if it is in the Validity Period.

8. Limitation of Liability

To the extent not prohibited by law, in no event will Smartway India Enterprises LLP be liable for any damages to systems, including, without limitation, damages for loss of contents, interruption arising out of or related to your use or inability to use the WeLearnTM Software. In no event shall Smartway India Enterprises LLP total liability to you for all damages exceed the amount INR Rs.750/-.

9. Access

Customers grant Smartway India Enterprises LLP, its agents and employees, an irrevocable licence at any time to monitor the use of the software remotely and (if applicable) upgrade its status, on whatever computer or device it is kept, for the limited purpose of gathering anonymous usage data for statistical analysis for product improvement and development.

10. Feedback

Smartway India Enterprises LLP may provide you with a mechanism to provide feedback, suggestions and ideas. if you choose, to give Feedback, You agree that Smartway India Enterprises LLP may, in its sole discretion, use the Feedback you provide to Smartway India Enterprises LLP in any way, including in future modifications of the Services, Smartway India Enterprises LLP Licensed Content and/or advertising, marketing and promotional materials relating thereto. You hereby grant Smartway India Enterprises LLP a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit any information you provide to Smartway India Enterprises LLP in the Feedback.

11. Governing Law

This Terms and Conditions shall be construed in accordance with the laws of the Nation, India. Customer consents to the jurisdiction of the courts of New Delhi, India. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. In the event of a dispute between the English and any non-English version of this Terms and Conditions, if any, the English version of this License shall govern.