TERMS AND CONDITIONS FOR MEMBERS / ADVISORS
This ‘MEMBERS / ADVISORS’ 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 INTO CONTRACTS (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.
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 online and acquiring basic and fundamental knowledge through the help of introducing Associate or Company. (f) Any other such activity in the field of Equity Markets, which can help, attain objective.
1. ENROLMENT: To begin the enrolment process, you may be required to complete the account creation process via 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 the Program 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 are syndicated, 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 Company 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 in 6 tranches 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 sales 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 our performance, 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 other properties 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 adquality. 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.
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: The term of this Agreement will begin upon your acceptance of this Agreement and will end when you fail to continue and/or maintain the chain in requisite ratio 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 set forth 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 Associate 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.
11. MODIFICATION: Notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, or vary the terms and conditions, Services, marketing plan, business and any other policies at any-time without any prior notice. We may modify any of the terms and conditions contained in this Agreement at any time and in our discretion as Company may deem fit and proper and such modification/amendment shall be applicable and binding upon you from the date of such modification/notification by posting a change notice/revised agreement on M/s. Windfall Edutech Private Limited Website: www.wealthfarms.com or by sending notice of the change to you at the physical or electronic (e.g. email) address; we have on file for you or any other mode. Modifications may include, for example, changes in the Service or payment Policies & terms & conditions.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OR SENDING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE RELEVANT M/S. WINDFALL EDUTECH PRIVATE LIMITED WEBSITE: WWW.WEALTHFARMS.COM OR TO THE RELEVANT ADDRESS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. We reserve the right to modify or discontinue offering all or any part of the Program at any time without notice.
12. 12. RELATIONSHIP OF PARTIES: You and we are independent marketing/promotion contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, association of persons, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website, blog, social media or otherwise, that reasonably would contradict anything in this Section and might be defamatory or derogatory to us
13. CONFIDENTIALITY: Software [if any] / Courses / Tutorials that are made available by the Educational Package ["Software / Courses / Tutorials"] are the copyrighted work of the company and or its suppliers. A Member's use of the Software / Courses / Tutorials are governed by the terms of the end user license Agreement, if any, which accompanies or is included with the software ["License Agreement"]. A Member may not install or use any Software / Courses / Tutorials that are accompanied by or includes a License Agreement unless he / she first agrees to the terms of License Agreement. For any Software / Courses / Tutorials not accompanied by a license- Agreement, the company hereby grants to Member, the user, a personal, non-transferable license to use the Software / Courses / Tutorials for viewing and otherwise using the windfall membership and Educational Package in accordance with these Terms and Conditions and for no other purpose provided that Member keep intact all copyright and other proprietary notices. Member should clearly note that all Software / Courses / Tutorials, including without limitation all HTML code and programming code contained in the Educational Package, is owned by the company and or its suppliers and is protected by copyright and intellectual property laws of the land and international laws. You acknowledge that by reason of your relationship with Company hereunder, it will have access to certain information and materials concerning Company's business plans, customers, technology, and Services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. You agree that you shall not use in any way for your own account or the account of any third party, nor disclose to any third party, any such confidential information revealed or under your possession by any way directly or indirectly. Any reproduction or redistribution of the Software / Courses / Tutorials or any other material given on our site (wealthfarms.com) are explicitly prohibited by law and may result in severe civil and criminal liabilities. Copying or reproduction of the Software / Courses / Tutorials or any other information given on our site (wealthfarms.com) to any other sever or location for further reproduction or redistribution is explicitly prohibited. The software is warranted, if at all, only according to the terms of the license Agreement. All contents of the Windfall membership and educational package / official material and the web site wealthfarms.com are the original work of the company and its suppliers have its offices in Mumbai in India and is exclusive user of the same and thus is the absolute owner of the copy right thereof. All rights are reserved. The company and its website www.wealthfarms.com its products and or service referenced herein are domains, trademarks or registered trademarks of the company. Other products and company names mentioned herein may be the trademarks of their respective owners.
14. LIMITED LIABILITY: The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, pay-out processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, Government or MCA Policies, the continued viability of their Services, any results of "intents of harm" to the program, or acts of God or Nature. The Company makes no claim that the operation of the websites or the Company network will be error-free and the Company will not be held liable for any interruptions or errors.
15. NO MIS-USE: It is understood that you shall not use the program in any connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive manner. It is also understood that you or your affiliates shall not try to cheat the system or Company in an effort to increase your payments / compensations / incentives due
16. AFFILIATES: Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship
17. CHARGING OR RECEIVING ANY PAYMENT FOR ASSISTING YOUR AFFILIATES: The progress of any affiliate benefits the Company in many ways. If you recruit, sponsor, or obtain an affiliate through the websites, by any means, you should always be willing to assist such affiliate at no charge to such affiliate. If you are found charging cuts or commissions from such affiliates, your membership status with the Company will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted affiliates.
18. INDEMNIFICATION: You agree to indemnify, defend and hold harmless us and our affiliates, partners and each of our and their respective officers, directors, employees, agents, successors, assigns and representatives, from and against any and all costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of Advocates and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way may result from or arise in any manner out of: (a) your participation in the Program; (b) your breach or alleged breach of any representation, warranty or obligation in this Agreement or the Local Policies; including any Claim of actual or alleged infringement or misappropriation of any third party's intellectual property rights. At our option, you will assume control of the defense and settlement of any Claim subject to indemnification by you. Member hereby indemnify and to keep the company fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense [including Legal fees, costs and expenses on full indemnity basis] suffered or incurred arising out of or connected with the user's conduct, misuse of credit card or any act of Member whether directly or indirectly or against any violation of this Agreement.
19. CUSTOMER COMPLAINTS: You shall notify the Company of any complaints regarding either the Services or the code provided by us and immediately forward to Company the information regarding those Complaints.
20. RECOURSE AND JURISDICTION: The terms and conditions stipulated in the foregoing paragraphs shall be governed in accordance with the law in force in India. All Disputes, either civil or criminal in nature, shall be subject to the exclusive jurisdiction of the Courts in Mumbai, Maharashtra, India only and nowhere else.
21. FORCE MAJEURE: The Company shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the Company’s asset by the government to any other government/semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.
22. MARKETING / TRAINING PACKAGE: There are 3 types of Package available for the Members:
1. Silver: The Silver Package is available for members to join free of cost without any annual fees. The Silver Package members same shall have access to Audio-Video Tutorials about the training material.
23. Gold: The Gold Package is available for members to join at an annual fees of Rs. 7000/- + GST. The Gold Package members shall in addition to the Silver Package privileges get further access to online training support and Weekly watch-list comprising of stocks & securities.
3. Platinum: The Platinum Package is available for members to join at an annual fees of Rs. 10,000/- + GST. The Platinum Package members shall in addition to the Silver & Gold Package privileges get further access to two workshops per year wherein the Trainer also gets an opportunity to train and have 1-2-1 networking with the other members.
24. PAYMENT TERMS: The fees paid shall be non-refundable and the membership term upon successful realisation of payment is valid for a period of 12 months. The said fees is neither transferrable nor the same can be carried forward to future years under any circumstances. Each member will be allocated a unique USERID against their successful payment and the same shall be used and utilised for all the future purposes. All the payment is to be paid by way of Bank Demand Draft favouring Windfall Edutech Pvt. Ltd. payable at Mumbai or the authorized payment gateway facility available online. The Renewal of the subscription is strictly subject to the approval and discretion of the Company. The renewal fees is payable on an annual basis and the fees at the time of renewal is 50% of the Package value at which the program has been registered. The member at any point of time has an option to upgrade its package by payment of differential amount. However, the date of renewal shall be at annual renewal date starting from the date of joining the original package. In any situation there is no option available to downgrade from original package.
25. REJOINING: An Associate may voluntarily terminate this Agreement by giving one month's written notice to the company at any time for any reason. If the Associate terminates this Agreement, then such Associate shall not be allowed to become an Associate again for a period of six  months. If Associate rejoins online in violation of this policy then such Associate shall be terminated and he / she shall not be allowed to earn any revenue / pay out from the new position and that Agreement shall be treated null and void ab-initio.
26. GENERAL TERMS:
a. It is mandatory for all the Windfall Members to visit our website www.wealthfarms.com at least once in a week to see the recent Changes / Modifications / Updation.
b. Only information available at our website related to Company or its President / Directors should be given to other Members / Guests for promotion of windfall Business. Any Member violating this will not be allowed to promote our Business anymore and his / her ongoing incentives / commissions will immediately be stopped. However, he / she would continue to enjoy online learning through product purchased by him / her for the entire purchased period.
c. If the total number of sales for any week(s) is not sufficient to release the commission then either we will club the sales of that week(s) to the sales of next week(s) and run the commission on the basis of total sales for these weeks or we run the commission with the modified Step rates or do both. The minimum sales required in running the commission in any specific Week / Fortnight / Month would be determined / decided by the company and the decision of the company in this regards would be final.
d. We may add / delete any existing Services at any time due to any reason and the decision of the company in these regards would be final.
e. If the Managing Director of Windfall Edutech Pvt. Ltd. is convinced that any Member is drawing commission / incentives without any contribution, he may stop the ongoing commission / incentives without any notice and with immediate effect.
f. Windfall Edutech Pvt. Ltd. membership cannot be purchased in joint name or partnership.
g. All Associates must Post / Send their query at firstname.lastname@example.org. www.wealthfarms.com is created primarily to promote education in investing in equity markets amongst the masses and to provide Ongoing Non-Formal continuous fundamental education online. Though, the incentives are involved to encourage the Associates to promote this cause but company does not guarantee any incentives / commissions. The company is committed to provide the membership unless any such technical fault / difficulty arises which is beyond the control of the company.
h. All our modules are developed by the subject experts and by our appointed staff members under the guidance of president of Windfall Edutech Pvt. Ltd. These courses are designed to help the masses. All our courses are designed for self-learning only and to be learnt using Computer and Internet by the Learner at his / her own cost. Our tutorials are not accredited by any institution or by any agency of Govt. of India.
i. In order to evaluate their learning, Members can take up online Quiz. Successful Members are provided an online certificate. Please note these certificates are not recognized by any institution or by any Govt. body. These certificates are only an indicator of some fundamental learning which has taken place.
j. Windfall Edutech Pvt. Ltd. has made first ever and unique attempt to teach the Equity Markets in various Regional, National and International languages. In this task we have taken the help of various subject and language experts. We tried to do our best to provide the exact translation but in case you find any error of any nature please do not hesitate to communicate to us without any delay and we undertake to correct the existing error immediately.
k. In case of any conflict of translation of any of the learning material contained in the Regional, National, International or English language, the English version shall prevail.
l. People are encouraged to buy our products only if they are willing to learn our designed courses. People participating in our program just to take the benefit of our incentive plan are highly discouraged.
m. Commissions / Incentives are not the right of any Members. However, purchased membership would be served for the purchased time period. In order to take the benefit of all the sales in Binary compensation plan on continuous basis, you must fulfil all conditions mentioned in our business / marketing plan section. Failing in any one would result in flushing of the entire sale volume.
n. It is the duty of the Selling Member to provide correct information and follow all the rules of the company. Also it is the duty of the Purchasing Member to verify all the information given to him by visiting our website [ www.wealthfarms.com ]. Company will not be responsible for any wrong information given by Selling Member which is accepted by the Purchasing Member without verification. However, if a written complaint against the Selling Member is send to us about promoting wrong information, this would amount to direct termination of the Selling Member without any compensation. Any loss occurred to the Purchasing Member due to wrong information provided by the Selling Member, which is accepted by the Purchasing Member without verifying / visiting our website wealthfarms.com would be the responsibility of the Purchasing / Selling Members. Company will not be responsible if anybody has purchased or sold our product by accepting / giving wrong information.
o. While selling our Services/training it is the duty of the Selling Member to properly demonstrate / explain our Services to the Purchasing Associates and explain them very clearly that all our Services are designed for self- learning only by using computer and internet at their own cost. Since commissions for sales are involved in our system so it is the duty of the Selling Member to Demonstrate / Explain very clearly our Services on computer using internet from any nearby available resource to the Purchasing Members and must guide them to go through our Terms and Conditions and FAQs available at our website wealthfarms.com before purchasing our products. Our products should only be purchased if purchasing Member is totally satisfied with our Services. After selling our Services a DECLARATION must be signed in by the Purchasing Associate on the Invoice Form. Please note that company will not accept any payment without duly signed in DECLARATION on the Invoice Form by the Purchasing Member. The Selling Member must verify on the Invoice Form the signatures of the Purchasing Member and his / her age, which should be at least 18 yrs. Any failure of duties in this regard would be the responsibilities of the Purchasing / Selling Member.
p. The company reserves the right to modify the Terms of Participation by the Member or prospective applicant for online Registration at any time and without prior notice to its Members / Users / Prospective Members. The service may be temporarily unavailable from time to time for maintenance or other reasons.
q. Members are prohibited from violating or attempting to violate the security of the company and its site, including without limitation to:
I. Accessing data not intended for you or logging into a server or account which you are not authorized to access.
II. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization.
III.Attempting to interfere with service to any Member, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or
IV. Sending unsolicited information, including promotions and / or advertising of products or services.
r. If a Member chooses to delete his / her profile and / or terminate the Agreement with the company, his / her profile will not appear in any search results. However, the company keeps the right to continue sending his / her emails in other fields, despite termination of this Agreement.
s. Member further agree that the company reserves the right to suspend the payment of or forfeit the pay out of such Member[s]] whose association are liable to be terminated for committing such actions which are declared to be prohibited under this program or for nonfulfilment of any other action or terms or conditions under this program.
t. The company at any point of time during the progressive running of the Web based business program by the Member or its prospective Members reserve the right to terminate / suspend / revoke / cancel without any prior notice or assigning any reasons thereof to such Members who joined under this program and are found guilty or are directly or indirectly indulge in recruiting their immediate family member or close relatives under their program by way of cross sponsoring / cross line jumping as embodied in the User Agreement policy and further participating in the down-line of their own immediate family members / close relatives contrary to the company's web based business program.
u. It is also agreed that the company reserves the right to suspend the payment of or forfeit the pay out of such Member [s] whose association is liable to be terminated for committing such actions which are declared to be prohibited under this program or for non-fulfilment of any of the action or terms or conditions under this program.
v. Exclusion of all damages to the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever [including , without limitation, damages for any injury to person or property, damages for loss of profits, business interruption, loss of business information, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any supplier has been advised of the possibility of such damages. This exclusion of damages shall be effective even if any remedy fails of its essential purpose. You will indemnify and hold harmless the Company, its Directors, Officers, Employees, Agents and third parties from and against any claims, liabilities, losses, costs, damages or expenses [including attorney's fees arising from misrepresentation on the part of an Associate.]
27. SOLEMNLY AFFIRM AND DECLARE BY MEMBER AS FOLLOWS:
i. That I have read and understood the terms and conditions for appointment as Member of the Company
ii. I have also gone through the Company’s official website, printed materials, payments terms & conditions and convinced about the business and I have agreed to act as a MEMBER / ADVISORS contractor on my own volition.
iii. I declare that I have not been given any assurance or promise or inducement by the Company or its Partners in regard to any fixed income incentive, compensation, prize or benefit on account of the Services purchased by me.
iv. I have clearly understood that eligibility of income exclusively depends on overall performance in business volume as per the business plan. I further agree that Company reserves the right to change the Business Plan at any point of time without any prior notice.
v. I undertake not to misguide or induce dishonestly anybody to join & become the member of the Company.
vi. I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the Service as a Consumer to act as a Promotion / Marketing Partner
vii. I hereby also “Certify that I have received the membership at www.wealthfarms.com online immediately after registration. I am completely satisfied with windfall membership. I have completely understood how to learn the modules given in wealthfarms.com online by myself (using Computer and Internet at my own cost). I am aware that I can evaluate the purchased Product online for 15 days. The refund policy is understood by me very clearly. I have carefully read the Terms and Conditions and FAQs applicable to Windfall Edutech Pvt. Ltd. as given on website wealthfarms.com and agree to them. I am signing this DECLARATION with complete understanding and with my own WILL, without any PRESSURE / UNDUE INFLUENCE and INDUCEMENT. I am aware that any dispute arising out of this purchase would first be solved as per Terms and Conditions of the company, failing which could be addressed exclusively in competent courts in Mumbai only.”