Terms of Use

Last Updated: 28 October 2024

Please read these Terms of Use carefully before accessing or using any part of the Winandwow platform available at winandwow.com. By accessing or using the platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the platform.

1. Definitions

Throughout these Terms, the following definitions apply:

• Platform refers to the website, web application, and all associated services operated by Winandwow.
• User refers to any individual who accesses, browses, registers on, or otherwise uses the Platform.
• Account refers to the registered profile created by a User to access protected features and course content.
• Content refers to all text, video, audio, graphics, assessments, downloadable materials, and other media made available through the Platform.
• Subscription refers to a paid or trial-based access plan that grants a User rights to specific Content or features for a defined period.

2. Acceptance of Terms

By creating an Account, purchasing a Subscription, or otherwise using the Platform, you represent that:

• You are at least 18 years of age or have obtained verifiable parental or guardian consent.
• You have the legal capacity to enter into a binding agreement.
• All information you provide during registration is accurate, current, and complete.
• Your use of the Platform complies with all applicable laws and regulations in your location.

Winandwow reserves the right to update or modify these Terms at any time. Continued use of the Platform following the publication of revised Terms constitutes acceptance of those changes. The date at the top of this page reflects when the Terms were last updated.

3. Account Registration and Security

3.1 Registration

To access course materials and personalised features, you must create an Account by providing a valid email address and a secure password. You may also be asked to provide your name and other profile information.

3.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your login credentials. You agree to:

• Not share your Account credentials with any third party.
• Notify Winandwow immediately at support@winandwow.com if you suspect any unauthorised access to your Account.
• Accept full responsibility for all activity that occurs under your Account.

3.3 Account Termination by User

You may close your Account at any time by contacting our support team. Closure does not automatically entitle you to a refund of any amounts paid unless otherwise specified in our refund policy.

4. Use of the Platform

4.1 Permitted Use

The Platform and its Content are provided for your personal, non-commercial educational use only. You may access and view Content for which you hold a valid Subscription or free entitlement, and you may download materials expressly marked as downloadable for personal offline reference.

4.2 Prohibited Conduct

You must not:

• Copy, reproduce, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any Content without prior written permission from Winandwow.
• Use automated tools, bots, scrapers, or crawlers to access, index, or extract Content from the Platform.
• Share, resell, or sublicence your Account or Subscription access to any other person.
• Attempt to circumvent any access controls, digital rights management measures, or security features.
• Upload, post, or transmit any material that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
• Use the Platform for any commercial purpose without express written consent from Winandwow.

5. Subscriptions and Payments

5.1 Subscription Plans

Winandwow offers various access plans, which may include free trial periods, monthly subscriptions, annual subscriptions, or one-time course purchases. The features, pricing, and duration of each plan are described on the relevant pages of the Platform.

5.2 Billing

By purchasing a Subscription, you authorise Winandwow or its designated payment processor to charge the applicable fees to your nominated payment method. All fees are stated in the currency displayed at checkout. Prices are subject to change with reasonable notice.

5.3 Renewal

Recurring Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. It is your responsibility to manage and cancel your Subscription if you do not wish it to renew.

5.4 Refunds

Refund eligibility is determined by the refund policy in effect at the time of purchase. Where a refund is granted, it will be processed to the original payment method within a reasonable timeframe. Winandwow does not guarantee refunds outside the stated policy conditions.

6. Intellectual Property

6.1 Ownership

All Content, trademarks, logos, course materials, software, and other intellectual property on the Platform are owned by or licenced to Winandwow. Nothing in these Terms transfers any intellectual property rights to you.

6.2 Limited Licence

Subject to your compliance with these Terms, Winandwow grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and its Content solely for your personal educational purposes during the period of your active Subscription or entitlement.

6.3 User-Submitted Content

If you submit comments, questions, feedback, or other content through the Platform, you grant Winandwow a worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display such submissions for the purpose of operating and improving the Platform. You represent that you hold all necessary rights to make such submissions.

7. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and processing of your personal information as described in the Privacy Policy. We encourage you to review it carefully.

8. Third-Party Services and Links

The Platform may contain links to third-party websites, tools, or services. These links are provided for convenience only. Winandwow does not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party service. Your interactions with third-party services are solely between you and that third party.

9. Disclaimers

The Platform and all Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Winandwow disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Platform will be uninterrupted, error-free, or free of viruses or harmful components.
• Any warranty regarding the accuracy, completeness, or suitability of Content for your specific circumstances.

Educational content on the Platform is intended for informational and professional development purposes only. It does not constitute professional advice of any kind.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Winandwow, its officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the Platform or its Content, even if advised of the possibility of such damages.

In no event shall Winandwow's total aggregate liability to you exceed the total amount paid by you to Winandwow in the twelve months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Winandwow and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Platform.
• Your breach of these Terms.
• Any content you submit to the Platform.
• Your violation of any applicable law or the rights of any third party.

12. Modifications to the Platform

Winandwow reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, including the availability of any feature, Content, or Subscription plan, with or without notice. Winandwow shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

13. Termination

Winandwow may suspend or terminate your Account and access to the Platform at its sole discretion, without prior notice, if you violate these Terms or engage in conduct that Winandwow reasonably determines to be harmful to the Platform, other users, or third parties. Upon termination, your licence to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall continue to apply.

14. Governing Principles

These Terms are intended to be interpreted in a fair and reasonable manner consistent with their purpose. Where any provision is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features or Subscriptions, constitute the entire agreement between you and Winandwow with respect to your use of the Platform and supersede all prior agreements, representations, and understandings.

16. Contact

If you have questions, concerns, or requests relating to these Terms, please contact us:

Method	Details
Email	support@winandwow.com
Phone	+61 456 252 082
Post	49 Aylward Ave, Quakers Hill NSW 2763, Australia