last updated on 2 Mar, 2023
In these Terms, wherever the context so requires, "You" or "User" means any natural or legal person who accesses or submits applications through this Website.
You are requested to carefully read these Terms from time to time before accessing the Website. By accessing, or using this Website, You agree to be bound by these Terms.
You should check these Terms periodically for changes. You acknowledge and accept that you may receive periodic communications, in relation to Your obligation to comply with the Terms. Your continued access to the Website is be deemed to be effective and valid consent.
1. Content: This Website offers information about us. Such information may be offered on this Website and through indirect links to third-party websites. The content on this Website is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the content may violate copyright, trademark, and/or other laws. You acknowledge that Your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to You. WinZO does not endorse the contents on any such third-party websites. WinZO is not responsible for the content of or any damage that may result from Your access to or reliance on these third-party websites. If You link to third-party websites, You do so at Your own risk.
2. Usage: WinZO is not responsible for any damages resulting from Your use of this Website. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in Your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
3. You may be required to create a profile on the Website, and submit necessary information and/or proof of identification, to access some features of the Website.
4. You are responsible for safeguarding Your access to the Website and following general internet etiquettes that must be adhered to. WinZO will not be responsible for any loss that You may suffer because of any unauthorized access granted to their accounts and/or use of the Website, and WinZO accepts no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise.
5. In the event any user breaches, or WinZO reasonably believes that such User has breached these Terms, or has illegally or improperly used the Website, WinZO may, at its sole and absolute discretion, and without any notice to the user, restrict, suspend or terminate such user's account and their access to all or any part of Website, and take such legal action as may be necessary.
6. WinZO may contain links to other websites owned and operated by third parties. Links to such websites or resources do not imply any endorsement by WinZO of such websites or resources or the content, products, or services available on such websites or resources. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. WinZO does not exercise control over any internet sites apart from. Your interactions with such third parties are solely between You and that third party. Users’ interactions with such third parties will be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User acknowledges sole responsibility for and assumes all risk arising from its use of such websites or resources.
7. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Website, are owned by or licensed to WinZO.
8. By submitting any content on or through the Website, You grant WinZO a worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such content in any and all media or distribution methods now known or later developed.
9. Users must not copy, distribute, make available to the public or create any derivative work from any content made available on the Website and/or to any other User. WinZO respects the intellectual property rights of others and expects its users to do the same. If users or any third party believe that their content has been copied in a way that constitutes infringement, they will provide WinZO with the following information: (i) identification of the protected work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iii) contact information, including address, telephone number, and an email address; (iv) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner; and, (vi) by way of writing countersigned, or if via e-mail with a valid electronic signature.
10, All rights, title, and interest in and to the Website, remain WinZO’s exclusive property, and/or of its licensors. The Website is protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the WinZO name or any of the WinZO trademarks, logos, domain names, properties and other distinctive brand features, without WinZO’s prior written consent.
11. To the maximum extent permitted in law, the access to and use of the Website or any content are at the users’ own risk. Users understand and agree that the Website is provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WinZO disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement. WinZO makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content contained in the Website; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Website or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website; and (iv) whether the Website will meet Users requirements or be available on an uninterrupted, secure, or error-free basis.
12. YOU AGREE TO INDEMNIFY AND HOLD WINZO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE/ACCESS OF THIS WEBSITE; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.
13. To the maximum extent permitted by applicable law, WinZO will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the Website; (ii) any conduct or content of any third party on the Website, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Website; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
14. In no event will the aggregate liability of WinZO exceed One Thousand Indian Rupees (Rs. 1000). The limitations will apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not WinZO has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
15. Users will be solely responsible for any consequences which may arise due to their access to the Website by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Website, including provision of incorrect address or other personal details.
16. WinZO’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
18. Force Majeure: WinZO will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, laboir strike, lockout, or boycott.
19. Cessation of Operation: WinZO may at any time, in its sole discretion and without advance notice to You, cease operation of the Website.
20. Entire Agreement: These Terms comprises the entire agreement between You and WinZO and supersedes any prior agreements pertaining to the subject matter contained herein.
21. Waiver of Representative Rights: BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
22. Domestic Use: WinZO makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
23. Assignment: You may not assign Your rights and obligations under these Terms to anyone. WinZO may assign its rights and obligations under these Terms in its sole discretion and without advance notice to You.
24. Governing Law: These Terms will be governed by and construed in accordance with the laws of the Republic of India. It is further agreed and acknowledged by the Users, that their ability to access the Website will further be dependent upon the specific rules, laws, and regulations of their state of residence.
25. Dispute Resolution: All claims, legal proceedings or litigation arising in connection with the Website will be brought solely before the courts of New Delhi. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.