TERMS AND CONDITIONS

Last update: 12 January 2023

 

By accessing and using this Website, you agree to be legally bound by these Terms. Please read the Terms carefully. If you do not agree with one or more provisions of these Terms, you should not use this Website.

 

 

  1.        GENERAL INFORMATION
    • These Terms and Conditions (the “Terms”) is a legally binding agreement between an individual user (“you” and “your”) accessing or using the website https://www.wns-academy.com, the related educational courses and communities (collectively, the “Website”). The Website is owned and operated by Boris Zhelezniak having an address at Yitskhak Shalev 6/1, Jerusalem, Israel, 9641327 (“we,” “us,” or “our”).
    • License to use the Website. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use the Website pursuant to these Terms.
    •   The Website is not marketed and should not be used by persons under the age of 18.
    •   All information provided on the Website is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor the Website, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of any other information available on the Website, neither provided by us nor by any third parties.
    • Third-party content. The Website may contain links to websites, services, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, websites, information, and the security and privacy practices deployed by those third part Please exercise your due diligence before clicking on any third-party links.
    •   Any requests for customer or technical support should be addressed to us by email at [email protected].
    • Privacy and other relevant terms. The documents that include important provisions regarding your use of the Website and should be read and interpreted together with these Terms, are:
    • Our privacy policy available at https://www.wns-academy.com/privacypolicy and cookie policy available at https://www.wns-academy.com/cookiepolicy, which describe in detail how we handle your personal data collected through the Website (the “Privacy Policy”); and
    • Other individual terms and conditions made available by us on the Website.

 

  1.        MEMBERSHIP
    • Registering your user account. In order to access the full functionality of the Website, purchase a membership plan for our Embroidery Academy, and participate in our community activities, you must purchase a monthly or annual membership plan on the Website, accept these Terms, and review the Privacy Policy. We reserve the right, at our sole discretion, to refuse to register any user for any reason. By purchasing your membership plan, you acknowledge, agree and warrant that:
      1. You are a human and not a machine (profiles that are registered by machines, bots, and other automated methods are not permitted);
      2. You are at least 18 years old;
  • You can conclude legally binding contracts with us;
  1. You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Website;
  2. You will provide only true, accurate, complete, and up-to-date personal data; and
  3. You will be solely responsible for all information, outgoing communication, submitted content, and any other activities that occur under your profile.
  • Personal data. The collection and use of your personal data through the Website is subject to our Privacy Policy. Please note that we will process personal data for the purposes explicitly listed in the Privacy Policy only.
  • Security of the user account. You are solely responsible for maintaining the confidentiality of your user account, including handling your login details and passwords in a secure manner. You further agree to immediately notify us about any allegedly unauthorised use of your user account or any other security breach related to your user account. You are responsible for using secure Internet connection and protected networks when accessing the Website. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
  • Deactivation of your user account. At any time, you may deactivate your user account. Your account will also be de-activated upon expiration of your membership plan. Upon deactivation of your user account, these Terms shall terminate.
  • Suspension and termination of your user account. We reserve the right to suspend or terminate your user account if, at our sole discretion, we have grounds to believe that your use of the Website seriously and repeatedly breaches these Terms. We may also suspend or terminate your user account upon a lawful request of a public authority.
  • Assignment of the user account. You are not allowed to assign your rights under these Terms and your user account is not transferable.

 

  1.        THE PRODUCTS
    •  The products featured on the Website for sale, such as Embroidery Kits, (the “Products”) may be available in limited sizes and We use reasonable efforts to display colours, images, and other specifications of the Products accurately. However, we cannot guarantee that the screen of your computing device will display the colours and images of the Products accurately. Although we use reasonable efforts to ensure the quality of the Products, we cannot warrant that the quality of the Products will meet your expectations.
    •  The Products are available as long as they are displayed on the Website or as long as our stocks last. An “out of stock” or similar notice placed next to the Products indicates that the Products are not available.
    •  We reserve the right, but are not obliged, to:
  1. Limit the sale of the Products for any person, geographic region and may exercise this right on a case-by-case basis;
  2. Limit the quantities of the Products for sale;
  • Change the descriptions and pricing of the Products at any time with or without prior notice; and
  1. Discontinue the Products at any time.

 

  1.        SHIPPING AND DELIVERY
    •   We will arrange for the Products that you order to be delivered to the delivery address that you specify during the checkout process. Please note that we do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After the Products have been dispatched, you will receive a shipment confirmation email with a tracking number and an estimated delivery time. The estimated delivery times and delivery fees remain subject to change at our sole discretion. Please note that the delivery times are estimates only and may depend on the operations of our third-party delivery service providers. If you have not received your Products during the specified delivery times, please contact us and we will look into your order.
    • Our responsibility. We are not responsible for any fees applied by third parties during or after shipping (tariffs, taxes, etc.). Such fees must be paid by you. We will not reimburse such fees. We are not liable for any Products that were damaged during shipment. If you receive damaged Products, please contact us within 24 hours following the receipt of the damaged Products. If the damage was caused by our delivery partner, you may need to file a claim with it.
    • Delivery delay. We use reasonable endeavours to ensure that the Products are delivered on or before the date indicated for delivery. However, we cannot guarantee delivery by this date as the delivery is executed by our third-party delivery partners and we are not liable for any delays that occur outside our reasonable control.
    • Delivery failure due to your fault. If (i) our delivery partner is unable to deliver your Products, (ii) such failure occurs due to your fault, and (iii) you do not collect your Products from the delivery partner within the relevant time period, we may, but have no obligation to, agree to arrange for re-delivery of the Products. We reserve the right to charge you for the actual costs of re-delivery. Below are examples of situations where a failure to deliver is considered to be your fault:
  1. You provided the wrong address for delivery;
  2. There is a mistake in the address for delivery that was provided;
  • The address for delivery is not reasonably or safely accessible;
  1. If in-person receipt is not required, there is no easy and secure means of leaving the Products at the address for delivery and there is no person available to accept delivery; or
  2. If in-person receipt is required, there is no person available to provide a signature.

 

  1.        FEES, PAYMENTS, AND REFUNDS
    • The Fees. The purchase of our membership plans and the Products is subject to the applicable fees (the “Fees”) payable by you in accordance with the schedule of the Fees available on the Website. By placing your order, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) they are indicated on the Website or (ii) as communicated by us. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide consent to the amendments of the Fees.
    •   Unless indicated otherwise, the Fees exclude sales tax and duties imposed by taxing authorities. We are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of your use of the Website and you are solely responsible for covering such costs.
    •  All payments related to your orders are processed by our third-party payment processor PayPal (the “Payment Processor”). When you make a payment on the Website, the Payment Processor collects some personal data from you which allow it to make the payments requested by you (e.g., your bank account number, credit card number, expiration date, billing and shipping address, and security codes). The Payment Processor handles all steps in the payment process through its systems, including data collection and data processing. We do not have direct access to your full payment information - only a part of it is made available to us by the Payment Processor. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
    • Technical steps to conclude a service contract. If you would like to conclude a contract with us need to: (i) visit the Website; (ii) choose the membership plan that you would like to order or the Products that you would like to purchase; and (iv) provide the required payment information and personal data. You will be able to identify and correct any input errors prior to clicking on the “Checkout” button. After you click on the “Checkout” button, we will send a confirmatory email informing you about your order. By clicking on the “Checkout” button and receiving a confirmatory email, you conclude a sales contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding the order, you can consult your user account or contact us directly.
    • Right of withdrawal (for consumers only) applicable to the Products. We respect consumer rights and comply with the applicable consumer protection laws. If you use the Website as a consumer (i.e., a person acting wholly or mainly outside the scope of trade, business, or profession), you have the right to withdraw from a service contract within the period of 14 days after you have physically taken possession of the Products without providing any reason to us.
    • How to exercise your right of withdrawal for the Products? If you qualify for withdrawal and you would like to exercise your right of withdrawal and receive a refund, you must inform us of your decision to withdraw from the contract by email before the 14-day period expires. After you get our return notice, you have to return the Products at your own cost to the address indicated by us without undue delay and in any event no later than 14 days from the day on which you informed us about your wish to return the Products. The deadline is met if you send back the Products before the period of 14 days expires. The shipping costs for the return of the Products shall be paid fully by you and are non-refundable. To be entitled for a refund, the Products must be (i) new, (ii) unused, (iii) complete, (iv) in an impeccable condition, (v) with all manuals and accessories, (vi) with the applicable tags on, and (vii) in their original packaging. If any of these conditions are not met, we will not refund you for the returned Products.
    • Refunds for the Products. When you exercise your right of withdrawal, we will refund the Fees, including initial basic (cheapest) delivery costs, by using the same payment method that was used to make the payment. In any case, you will not incur any fees as a result of the refund. The refund may be withheld until we receive the returned Products, the Products are assessed as being properly returned back (e.g., they are in an impeccable state, unused, and properly labelled), or you have supplied evidence of having sent back the Products, whichever is the earliest.
    • Cancellation of subscription. If you hold an annual subscription plan to our Embroidery Academy, your subscription must be cancelled at least 1 calendar month prior to expiration of the then-current billing period through your User Account to avoid automatic renewal and charge. If you hold a monthly subscription plan to our Embroidery Academy, your subscription must be cancelled at least 1 week prior to expiration of the then-current billing period through your User Account to avoid automatic renewal and charge. If your subscription plan is cancelled later, the cancellation will not be guaranteed. Your inactivity on the Website does not substitute your request for the cancellation of your subscription plan.
    • Non-consumers. If you act as a business, trader, or use the Website for professional purposes, you are not entitled to exercise the right of withdrawal; please contact us for more information.
    • Exceptions to the right of withdrawal. The right of withdrawal does not apply to the Products that are made to your specifications, clearly personalised, or purchased by non-consumers. Also, the right of withdrawal does not apply to our membership plans, as you get immediate access to our Embroidery Academy content.
    • Faulty Products. If you find that the Products that you have received are faulty or wrong Products have been delivered, you can, within 14 days from the day you received the said Products:
  • Cancel the purchase and return the Products as described above;
  • Request a reduction of the Fees (please contact us for further information), which we may or may not agree to at our sole discretion;
  • Request a repair of the Products; or
  • Request to replace the Products with the same non-faulty Products or similar Products (please contact us for further information).

 

  1.        USER-GENERATED CONTENT
    • You may submit community posts, interactions with other community members, photos, videos, links, reviews, questions and answers, and other content (the “User-Generated Content”) on the Website. Please note that the User-Generated Content may become publicly available. Therefore, we request you to: (i) exercise your due diligence when submitting the User-Generated Content on the Website; (ii) not to make publicly available any sensitive information; and (iii) make sure that, by submitting the User-Generated Content on the Website, you comply with these Terms.
    • By submitting the User-Generated Content on the Website, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purposes of carrying our legitimate business interests.
    • You agree not to submit the User-Generated Content that violates these Terms or any applicable laws, including intellectual property rights of others and data protection laws.
    • You understand and agree that, in order to ensure the security of the Website, we may, but have no obligation to, monitor or review the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of our business. However, you remain solely responsible for your User-Generated Content.
    • You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through the User-Generated Content.
    • The User-Generated Content includes your personal views and recommendations. The User-Generated Content does not reflect our views, recommendations, endorsement, or any commitments related thereto.
  2.        COMMUNITY GUIDELINES
    • When using the Website, including your participation in our community activities and interacting with other community members, you are required to follow our community guidelines outlined in this section 7 and other parts of these Terms. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
    • You are not permitted to use the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
      • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
      • Fraud;
      • Provision of false, inaccurate, or misleading information;
      • Dissemination of information about the acts, including pranks and challenges, that may result in injuries, physical harm, or distress;
      • Posting of the User-Generated Content that depicts, links to, or incites others to commit acts of violence;
      • Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
      • Spreading of malware (e.g., viruses, worms, Trojan horses), commercial advertising, spam, and illegal messaging;
      • Spreading ethnically, racially, or otherwise objectionable information;
      • Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
      • Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
      • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Website;
      • Interfering with or abusing other users of the Website;
      • Using bots, scripts, and other automated methods; and
      • Collecting and disclosing any information about the users of the Website.
    • Reporting inappropriate content. If you think that some of the content available on the Website is inappropriate, infringes these Terms, applicable laws, or your or third party’s right to privacy, you are requested to contact us immediately.

 

  1.        INTELLECTUAL PROPERTY
    • Our   Most of the content made available on the Website, excluding the User-Generated Content, is owned by us, our partners, agents, licensors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to:
  • Copy, distribute, rent, loan, use, lease, make available, or attempt to grant other rights to Our Content to third parties;
  • Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
  • Use any manual or automated means to scrape any content available on the Website.
    • Third-party intellectual property. Some of the intellectual property assets featured on the Website, such as third-party trademarks, are owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
    • Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available on the Website violates your or third party’s intellectual property rights, we request you to contact us and express your concerns or request us to remove the allegedly infringing content (our contact details are available at the end of the Terms). In the copyright infringement claim, please provide sufficient details allowing us to locate the allegedly infringing content on the Website. We will reply to the copyright infringement claim as soon as possible but no later than 30 calendar days.

 

  1.        CONTENT OF THE EMBROIDERY ACADEMY
    • Although we strive to provide accurate information and content in our Embroidery Academy (the “Courses”), certain information made available through the Courses is subject to change and may not be accurate, complete or current. We are not responsible if the Courses are inaccurate, incomplete, or out-of-date.
    • The Courses are provided for general educational and informational purposes only and made in good faith, without verifying the accuracy, utility, or validity of any information and should not be relied on as the sole basis for making decisions. Nothing contained in the Courses is intended to be construed as professional advice. You are responsible for making independent determinations about the information you receive through the Courses and reliance on any such information provided is solely at your own risk.
    • No warranty, representation, or guarantee is being made that any information provided through the Courses is accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose. No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any information disclosed via the Courses and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any information posted on the Website.

 

  1.        AVAILABILITY
    • We put reasonable efforts to ensure that the Website is always accessible. However, the availability of the Website may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or other force majeure We take no responsibility for the unavailability of the Website caused by such factors.

 

  1.        DISCLAIMER OF WARRANTIES
    • We provide the Website on “as available,” “as is,” and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Website, the Products, any content featured on the Website, whether provider by us or by third parties, and hereby disclaim all warranties regarding the Website and its operation.
    • It is your sole responsibility to verify and assess the fit for the purpose of the Website, the Courses, and the Products prior to using them and to decide whether or not they fit for the intended use.
    • By using the Website, you acknowledge that we may use third-party suppliers to provide content, products, services, software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
    • Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

 

  1.        LIMITATION OF LIABILITY
    • Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of the Website or any content made available through the Website, whether provided by us or by third parties. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
    • We will not be liable to you for any direct, indirect or consequential losses, which may be incurred by you in relation to the Website.
    • We will not be liable for any loss or damage, which may be incurred by you as a result of:
    • Any changes which we may make to the Website, or for any permanent or temporary cessation in the provision of the Products, the Courses, the Website or any features thereof;
    • The deletion of, corruption of, or failure to store the User-Generated Content and other data maintained or transmitted by or through the Website;
    • Your failure to provide us with accurate personal data; or
    • Any reliance placed by you on the completeness, accuracy or existence of any content, information, recommendations, or advertising featured on the Website, or as a result of any relationship or transaction between you and third parties.
    • This Section 12 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

 

  1.        INDEMNIFICATION
    • You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of the Website, the Products, the Courses, or your violation of any law or the rights of a third party.

 

  1.        SEVERABILITY
    • In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

 

  1.        GOVERNING LAW AND DISPUTES
    • Governing law. These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflicts of law provisions.
    •  You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be resolved by courts in Israel.
    • This section 15 does not affect any statutory rights that you are entitled to as a consumer.

 

  1.        MISCELLANEOUS
    • Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using the Website.
    •   We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Website, and our business practices. We will send you a notification (if we have your email addresses) about any material amendments to the Terms that may be of importance to you. Your continued use of the Website after any changes shall constitute your consent to such changes. We also reserve the right to modify the list of Products or our services at any time, at our sole discretion.
    • Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
  • Send you a formal warning;
  • Cancel your order;
  • Temporarily or permanently prohibit your use of the Website;
  • Report you to the relevant public authorities; or
  • Commence a legal action against you.
    • Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by and stopping to use the Website.
    • Merger or acquisition. In the event the Website, during the term of these Terms, is acquired, merged, or sold, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
    • Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between you and us regarding your relationship with us and govern your use of The Website.

 

  1.        CONTACT

Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:

Website owner: Anastasia Zhelezniak

Email: [email protected]

Address: Podbielskiallee 44, 14195, Berlin