PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
INTRODUCTION TO WINZO AND CERTAIN DEFINITIONS
WinZO operates a global online platform, which hosts skill-based games (“Games”) to be played for free (“Free Games”), or in a pay to play for a winning format (“Money Games”). Users will be able to play and participate and win real money in skill based Games (“Winnings”), with such Winnings available for withdrawal by Users through their User wallets (“Wallets”).
For the purposes of these Terms,
“Prize Money Pool” means the total amount of pre-specified contribution contributed per Money-Game per round by all Players participating in that round after deducting the Platform Fees. The Prize Money Pool will be passed on to the Winner(s) of the Money Game after the completion of the Money Game as per its terms and conditions. WinZO has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Money Game terms and condition.
“Pre-Specified Contribution” means the amount each Player must add to the Prize Money Pool to be allowed to participate in a Money Game.
“Free Games” mean Games that do not have a Prize Money Pool and do not require Users to deposit any Pre-Specified Contribution in order to play such Games.
“Game” or Games” mean to each skill-based game we offer on our Platform.
“Money Games” mean Games for which each Player must deposit the applicable Pre-Specified Contribution, which shall become part of the Prize Money Pool, to be allowed to compete in such Game.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. Examples include as a name, an identification number, location information, or an online identifier.
“Platform Fees” mean the amount charged by WinZO to all Users as a fees for providing it Platform and related services (collectively, the “Services”) to Users. Platform Fees shall be charged as a percentage of the Pre-Specified Contribution, wherein the percentage would be determined by WinZO, in its sole discretion and may vary for different Users and games.
“Players” means Users that compete in any round of any Money Game.
“Restricted States” mean States the residents of which cannot play our Money Games, namely Alabama, Arkansas, Arizona, Connecticut, Delaware, Louisiana, South Dakota, Florida, Michigan, Montana, South Carolina, Tennessee for all our Games. For Money Games where playing cards are involved, Maine and Indiana are also Restricted States and for Money Games where dominoes are involved, New Jersey is a Restricted State. This list of Restricted States may change from time to time and you are advised to peruse the Terms from time to time to apprise yourselves of the updated list.
“Sensitive Personal Information” means Personal Information that reveals: (i) user’s social security, driver’s license, state identification card, or passport number; (ii) user’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (iii) user’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (iv) contents of a user’s mail, email, and text messages unless we are the intended recipient of the communication; (v) user’s genetic information; (vi) biometric information’ (vii) health related Personal Information collected and analyzed concerning a user’s health; (viii) information concerning a user’s sex life or sexual orientation or (ix) citizenship or immigration related information.
“Wallet” means a limited purpose electronic wallet on our Platform associated with the account or profile of each User.
To clarify, Users are provided with three categories of Wallet sub-sections/Accounts for processing and reconciliation of payments:
- ‘Unplayed’ Account,
- ‘Winnings’ Account, and
- ‘Bonus’ Account.
Amounts available within these categories of Wallet sub-section/Accounts may not be transferred to another category, or to any third party Wallet/accounts
“Winner” means the User of a Game that, in accordance to the rules of the Game, wins the Game and in a Money Game is entitled to the Winnings.
“Winnings” mean the total amount of the Prize Money Pool that is added to the Wallet of the Winner of a Money Game.
“Withdrawal Processing Fee” means the fees charged by WinZO to facilitate withdrawals from Wallets when requested by Users.
Our Website and App is presently available for use in the US and may subsequently be made available in other Territories outside the US we decide.. Some of our offerings are not available in certain US states, defined as Restricted States in our Terms of Service (“Restricted States”). If you are a resident of the United States (“US”), the laws of the State where we are incorporated (Delaware), the state where we are headquartered (Delaware), and the state in which you live may apply.Our Website and App are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, create account, and/or use our Website or App, or Platform.
General Eligibility. To be eligible to use our Website, App, or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App, or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website, App, or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App, or Platform. ALL USERS MAY ONLY CREATE ONE USER ACCOUNT PER REGISTERED MOBILE NUMBER.
Restricted State Related Eligibility. Users are permitted to access the Free Games if they are so made available on WinZO, regardless of their state of residence. USERS CANNOT ACCESS AND PLAY MONEY GAMES IF THEY ARE RESIDENTS OF OR OTHERWISE ACCESSING OUR PLATFORM FROM A RESTRICTED STATE. All Users must ensure their device location settings are enabled to allow WinZO to ensure Restricted State related eligibility.
Accessing our Website
Accessing our App:
Our App can be downloaded via the link (“Download Link”) on our Website
for Android Users and through the Apple App Store for iOS Users. Android Users will receive a Download Link on the a ten (10) digit mobile number they provide us with on our website when requesting for the Download Link.
Verification: Players to undergo a verification process (“Verification”)
Our KYC Partner will conduct a document verification and a liveness test for Players. All information collected, processed, or stored by the KYC Partner on behalf of WinZO for Players is referred henceforth as “Verification Information.”
- Document Verification. As part of the KYC Document Verification, the KYC Partner may ask you to submit/ upload a picture of your government-issued photo identification document such as a passport or driving license or residence permit or national ID card, etc. (each a “KYC Document”). Please note that the specific requirements for KYC compliance can vary depending on the regulations in the state or jurisdiction where you are residing and our KYC Partner’s discretion is operating.
- Liveness Test. As part of the Liveness Test, the KYC Partner will ask the Player to take a live selfie, to verify if the Player is the same natural person to whom the KYC Document at Section5(e)(ii)(1) relates. The KYC Partner will verify the authenticity of the KYC Document and may share the extracted ID Document details, the uploaded KYC Document, your uploaded picture, photo match results and final authenticity results with us.
Our KYC Partner is also responsible for conducting checks on Players located outside the US to determine compliance with sanctions lists maintained by the Office of Foreign Assets Control (“OFAC”) and other global sanctions lists, and may seek additional information and data from you in this regard.
USER UNDERSTANDS AND AGREES THAT WINZO IS NOT RESPONSIBLE OR LIABLE FOR LAPSES IN THE VERIFICATION PROCESS. PLEASE REFER TO OUR KYC PARTNER’S POLICIES TO UNDERSTAND WHAT VERIFICATION INFORMATION IS COLLECTED, HOW THE VERIFICATION INFORMATION IS PROCESSED, STORED, AND DISCLOSED, FOR HOW LONG THE VERIFICATION INFORMATION IS RETAINED, AND YOUR RIGHTS WITH RESPECT TO SUCH VERIFICATION INFORMATION. IT IS EXPRESSLY CLARIFIED AND USER UNDERSTANDS THAT WINZO IS NOT RESPONSIBLE OR LIABLE FOR ANY HANDLING, USE, PROCESSING, STORING, DELETING, OR DISCLOSURE OF SUCH KYC INFORMATION.
Sanctions Compliance Procedures.
While WinZO relies primarily on our KYC Partner’s OFAC and global sanctions screening processes, WinZO also (a) maintains records of transactions and compliance efforts; (b) has an internal compliance program under which international transactions are screened against OFAC lists, and (c) regularly trains employees on OFAC regulations and compliance procedures.
Security of your Account Information:
You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. WinZO reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information. Under no circumstances shall WinZO be held liable to you for any liabilities or damages resulting from or arising out of your use of our App, your use of the Account Information, or your release of the Account Information to a third party.
Use of Information:
PAYMENT AND USE OF THE WALLET
Using the Wallet. Each User may use and maintain a Wallet on our Platform. The Wallet may be used as follows:
Users may add money to their Wallets (“Deposits”) by using our third-party payment processors like PayPal and Checkout via any payment methods accepted by such third-party payment processors. Amounts remitted by Users through designated third-party payment processors are credited to the User’s Unplayed Account. While Users may add money in their respective local currency when interacting with the payment processor, it is hereby clarified that settlements made by payment processors with WinZO would be in United States Dollars. The payment processor shall be responsible for determining the prevailing foreign exchange rate in relation to the Deposits. FURTHER, IT IS EXPRESSLY CLARIFIED THAT NO DEPOSITS MAY BE MADE IN CASH OR CHEQUE.
All Winnings for Money Games shall be automatically added to a User’s Wallet and be reflected in the Wallet. Winnings may be credited in any Wallet sub-section/Account (Unplayed Account, Bonus Account, Winnings Account) in any proportion, at WinZO’s sole discretion. Winnings may be withdrawn by Users in accordance with these Terms.
In order to conduct promotional activities, and at WinZO’s sole discretion, WinZO may gratuitously issue bonus (“Bonus”) to the User for the purpose of participation in any Game(s) and no User will be permitted to transfer or request the transfer of any amount in to the Bonus. The usage of any Bonus will be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Bonus must be used, as applied by WinZO and as may be notified to the User at the time of issue of such Bonus. The issue of any Bonus to the User is subject to WinZO’s sole discretion and cannot be demanded by any User as a matter of right. The issue of any Bonus by WinZO on any day will not entitle the User to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such Bonus by WinZO to such User. The Bonus granted to the User may be used by such User for the purpose of setting off against the contribution to the Prize Money Pool in any Money Game, in accordance with these Terms. BONUS WILL NOT BE WITHDRAW-ABLE OR TRANSFERRABLE TO ANY OTHER ACCOUNT OF THE USER, INCLUDING THE USER'S BANK ACCOUNT, OR OF ANY OTHER USER OR PERSON, OTHER THAN AS PART OF THE WINNINGS OF A USER IN ANY MONEY GAME. All Bonus credited in a User’s account will be valid for a period of 14 days from the date of credit. The Bonus will lapse at the end of 14 days, and not reflect in a User account thereafter.
The amount in the Unplayed account (“Wallet Amount”) may be used by Users as Pre-Specified Contribution to play Money Games or may be Withdrawn as explained below :
A User is permitted to withdraw any amounts credited into such User's Unplayed Account for any reason whatsoever by making a written request in a form and manner WinZO requires. Users may compulsorily be required to provide valid photo identification and address proof documents for proof of identity and address for WinZO to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name if provided by the User at the time of Account Creation on the Platform or otherwise within the Profile section on the Platform, as well as the name and address existing in the records of the User's bank account as provided to WinZO. If no bank account has been registered by the User against such User's Account with WinZO, or the User has not verified his/her User account with WinZO to WinZO’s satisfaction, and in accordance with these Terms, WinZO will provide such User with a notification to the User's email address as maintained in WinZO’s records at least 30 days prior to the request date, and if the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the request date, WinZO will be entitled to forfeit any amounts subject to transfer. Failure to provide WinZO with a valid bank account or valid identification documents (to WinZO’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
Withdrawal will be subject to processing fees and applicable deductions. Furthermore, any bonuses that may have been given as offers would be forfeited or adjusted at the time of withdrawal. Additionally, withdrawals from the Unplayed Account will be subject to a processing fee charged at 30% of the amount intended to be withdrawn.
Validity of Wallet Amount.
Wallet Amount must be utilized within 60 days of credit (“Use Period”). If any unutilized amount lies in the Unplayed Account after the completion of 60 days from the date of credit of such amount, WinZO reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
The Winnings in the Winnings account may be withdrawn, in whole or in part (“Withdrawal”) by a User by selecting “Withdraw” in your Wallet. The Withdrawal will be processed by our third-party payment processors and the Withdrawable amount will be reflected in the bank account/card associated with your Wallet within 10-14 days. The amount in the Winnings account will be forfeited upon completion of 60 days from the date of credit of such amount in the User’s Winnings Account or upon completion of 60 days of inactivity, without liability or obligation to pay any compensation to the User. Withdrawals can only be made if the Withdrawable Amount and the Withdrawal exceeds limits that may be specified by WinZO from time to time (“Minimum Withdrawal Amount”).
All Deposits received in WinZO's Bank account from the payment processors and all Withdrawals processed by WinZO's Bank account to the payment processors will be processed in United States Dollars. However, for the ease of all Users, the Deposits and Withdrawals can be made by the Users in their respective local currency, except such currencies as may be decided by WinZO and payment processors. Additionally, the Deposits, Winnings, Bonuses, Wallet Amount and the Withdrawal will be visible to all Users in their local currencies, except for such currencies as decided by WinZO, and/or in USD, as opted by the User. Accordingly, WinZO reserves the right to periodically reconcile, reset and adjust the amount in the Wallet (Unplayed account, Bonus account, Winnings account) of each User visible in the User’s local currency, according to the prevailing market exchange rate of the user’s local currency vis-a-vis United States Dollar (USD). USERS UNDERSTAND THAT THIS MAY LEAD TO A PERIODIC CHANGE IN THE AMOUNT, VISIBLE IN THE USER'S LOCAL CURRENCY, IN THEIR WALLET (UNPLAYED ACCOUNT, BONUS ACCOUNT, WINNINGS ACCOUNT). USERS FURTHER UNDERSTAND THAT IT IS THE PAYMENT PROCESSOR AND NOT WINZO THAT DETERMINES THE PREVAILING MARKET FOREIGN EXCHANGE RATE.
Fees to Access our Website, App, and Platform.
Our Website, App, and Platform are currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 19 or as otherwise specified in another agreement between WinZO and you
Certain features, and Games on our Platform require the payment of fees to be accessed and used by a User. They are described in this Section and are collectively referred to as “Fees”.
Each Money Game has a Pre-Specified Contribution associated with it. Each Pre-Specified Contribution shall be deducted from the Wallet of the User when such User selects the option of paying the applicable Pre-Specified Contribution. Only upon payment of the Pre-Specified Contribution shall the User be deemed a Player of that Money Game and be allowed to play and participate in that Money Game. The Pre-Specified Contribution deposited by each Player of a Money Game shall be added to the Prize Money Pool for that Money Game. The Prize Money Pool for each Game shall be transferred to the Wallet of the Winner of the Money Game. The Pre-Specified Contribution Players pay to participate in a Money Game is inclusive of the Platform Fee charged by WinZO for access to the Services and pre-determined Player’s contribution towards Prize Money Pool. Each time a Player participates in any Money Game on the Platform, the Pre-Specified Contribution is debited in the first instance, from the Player’s Unplayed Account, and thereafter, any remaining amount is debited from the Player’s Winning Account. In case there is any amount remaining to be paid by the Player in relation to such Player’s participation in any Money Game, the Player is directed to the designated payment processors to make such payment. In case any amount added by the Player through such payment processor exceeds the Pre-Specified Contribution, such excess amount will be transferred to the Player’s Unplayed Account and will be available for use in participation in any Money Game or for withdrawal in accordance with these Terms. Debits from the Unplayed Account to enable a Player’s participation in a Money Game are made in order of the date of credit of amounts in the Unplayed Account, and accordingly amounts credited into the Unplayed Account earlier in time are debited first.
A percentage of all Pre-Specified Contribution is taken by us as a Platform Fee for providing the users with access to the Services. The Prize Money Pool is always calculated after the Platform Fees has been deducted from the total Pre-Specified Contribution deposited for any Money Game. Platform Fees are charged each time a User plays any Money Game
Withdrawal Processing Fee(s).
WinZO charges a Withdrawal Processing Fee, to facilitate Withdrawals for the Users. The Withdrawal Processing Fees is calculated at a rate determined by WinZO, in its sole discretion, and may vary for different Users. Withdrawal Processing Fees are charged each time a User makes a Withdrawal.
Deduction of Fees
Fees will automatically be deducted from your Wallet.
The Fees are exclusive of any sales tax applicable which shall be payable by you at the rate and in the manner prescribed by law.
We may change our Fees for any and all Services without prior written notice.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. If you believe that your Wallet has been charged incorrectly, you must contact us within thirty (30) days of receiving such an invoice or notification related to the incorrect billing at email@example.com
to help us resolve such disputes.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that WinZO may have on third parties, transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User’s Unplayed Account or Winnings Account balance. Similarly, the utilization of the Bonus or amounts debited from Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User’s Unplayed Account or Winnings Account balance. Users agree not to raise any complaint or claim against WinZO in respect of any delay, including any lost opportunity to join any Money Game due to delay in crediting of transaction amount into any of the User’s accounts.
If you are not entirely satisfied with our Services, and want to request a refund, we will evaluate your request and will notify you about the status of your refund. If your refund request is approved, we will initiate a refund to your original method of payment within 7 working days. You will receive the credit within a certain amount of days, depending on your bank/payment processor/bank issuer’s policies. The final decision lies with WinZO.
Legality of Skill-Based Gaming
The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, each game will be governed by the skill set you demonstrate to play and achieve the outcome. Games of Skills under the laws of the country, are allowed to be played for real money, barring certain prohibitions, restricted across certain states, where we disallow you from accessing our Services, either in part or in full. Cash-based tournaments in games of skill are not considered gambling because the generally accepted definition of gambling involves three specific things: (1) the award of a prize, (2) paid-in consideration (meaning entrants pay to compete) and (3) an outcome determined on the basis of chance. Without all three of these elements, a competition that reward real prizes is not gambling. IN THE CASE OF OUR GAMES, OUTCOMES ARE NOT DETERMINED BY CHANCE, BUT ARE RATHER ACHIEVED THROUGH A PLAYER’S SKILL OR ABILITY, MAKING THESE TOURNAMENTS LEGAL IN MOST U.S. STATES.
Users are permitted to access the free to play versions of all games, if they are so made available on WinZO, regardless of their state of residence.
Misrepresentation and Fraud
In case you participate in any Game by misrepresentation or fraud, including but not limited to by use of VPN services, we in our sole discretion may disqualify you at any stage of the process, withhold any Winnings and take legal action against you. If you are found or suspected to be defrauding the systems of the Platform in any manner then (a) you will be debarred from participating in all Games and (b) we may take legal action against you
Reservation of Rights
WinZO reserves the right to withdraw or discontinue or terminate any Game at any stage without prior notice and without any liability whatsoever to you. In any Money Game on the Platform, in case of a draw/tie, the final decision would be that of WinZO, and you will not be entitled to any refunds in such a situation. WinZO reserves the absolute right to determine (i) the format and Rules of any Game; (ii) Winnings and prize structure; (iii) selection of Winners in case of a draw/tie, or a dispute; and, (iv) manner of disbursal of Winnings, rewards, gifts and other redemptions.
Each Game available on the Platform will be governed by the specific set of rules which are featured against each game (“Rules”), and we urge you to peruse the same before accessing them.
If WinZO is made aware that a User has created more than one Accounts with WinZO, or is using multiple mobile numbers to play on the Platform, it may (a) restrict your use of the Services, (b) block, restrict, or forfeit any amounts, Winnings, or privileges that you may have received on the Platform, or that have otherwise been given to you, and (c) pursue legal action against you.
Breach of Terms
In the event any user breaches, or WinZO reasonably believes that such User has breached these Terms, or has illegally or improperly used Services, 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 Services, and take such legal action as may be necessary.
Responsible Gaming Policy
Users agree that they have read and understood our Responsible Gaming Policy
and agree that they will comply the same when using our Platform and playing our Games.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement. You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO WINZO FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You agree that our Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by WinZO and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform.
You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. WinZO and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:
Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements
Provide accurate information to WinZO and update from time to time as may be necessary
Review and comply with notices sent by WinZO, if any, concerning our Website, App, or Platform
Review and comply with our Responsible Gaming Policy .
Opening more than one User Account
Using VPN or other location masking services, software or methodology while accessing our Website, App or Platform
Participating in Money Games from Restricted States
Try to circumvent, provide incorrect information or documentation for, or otherwise interfere with the KYC Verification or other Verification Processes
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or App (excluding any user content)
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or App, or any part thereof
Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive with us
Imply or state, directly or indirectly, that you are affiliated with or endorsed by WinZO unless you have entered into a written agreement with us
Adapt, modify, or create derivative works based on our Website or App or technology underlying our Website or App, or other users’ content, in whole or in part
Rent, lease, loan, trade, sell/re-sell access to our Website, App, or Platform or any information therein, or the equivalent, in whole or part
Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications
Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website
Use automated methods to add contacts or send messages
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website
Attempt to or actually access our Website or App by any means other than through the interface provided by WinZO
Attempt to or actually override any security component included in or underlying our Website, App, or Platform
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or App, including those of both WinZO or any of our licensors
Use any information obtained from our Website, App, or Platform to harass, abuse, or harm another user or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
You understand and agree that you may receive information and push notifications from WinZO via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not WinZO.
We may send promotional messages about us and our products and services related to our Website and App to your email. When you send us a query email at firstname.lastname@example.org
You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website, App, and Platform.
You agree to indemnify, defend, and hold WinZO and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against WinZO and our Indemnitees arising from any of the following:
a breach of this Agreement
the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors
ncorrect information provided by you in your account or elsewhere
a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations
Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for:
the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content
any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content
the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform
whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform, will create any warranty or representation not expressly made herein
WINZO DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, APP, OR PLATFORM, BUT WINZO WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL WINZO BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND WINZO SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will WinZO be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, App, or Platform, including, without limitation, any information made available through our Website, App, or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times Two Hundred United States Dollars (200 USD). The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website, App, or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that WinZO may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WinZO’s liability will be the minimum permitted under applicable law.
Termination By Us
Termination or Cancellation By You.
You can terminate our Services by deleting your Account. You can request for Account deletion by going to the ‘Settings’ section of your Account (“Account Deletion Request”). All Account Deletion Request must be approved by WinZO before any Account can be deleted. Upon approval of your Account Deletion Request
You must Withdraw all Withdrawable Amounts from your Wallet within ninety (90) days, after which time no Withdrawals can be made from the Wallet
Your account will stand deactivated for a period of ninety (90) days, within which time you may re-activate your Account by accessing your Account with your Account Information
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature
Identification of the copyrighted work(s) that you claim to have been infringed
Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove
Sufficient information to permit us to locate such material
Your address, telephone number, and email address
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
WinZO’s Copyright Agent to receive DMCA Takedown Notices is [CONTACT PERSON],email@example.com
, at WinZO, Attn: DMCA Notice, 1000 N. West Street, Suite 1200, Wilmington, Delaware, USA- 19801. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by WinZO in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you. We will inform you about the modifications via email, on our Website, App, or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website, App, or Platform shall constitute your consent to such changes.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind WinZO to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of WinZO.
This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WINZO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and WinZO agree (a) to waive your and WinZO’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, App, or Platform, resolved in a court, and (b) to waive your and WinZO’s respective rights to a jury trial. Instead, you and WinZO agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
No Class Arbitrations, Class Actions or Representative Actions
You and WinZO agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website, App, or Platform is personal to you and WinZO and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and WinZO agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and WinZO agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You and WinZO agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
You and WinZO agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to WinZO shall be sent by certified mail or courier to WinZO, Attn: [CONTACT PERSON], 1000 N. West Street, Suite 1200, Wilmington, Delaware, USA- 19801. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your WinZO account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and WinZO cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or WinZO may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND WINZO AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR WINZO WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WINZO WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and WinZO agree that (a) any arbitration will occur in Santa Clara County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator
As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Rules of AAA
The AAA Rules are available at https://www.adr.org/Rules
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: WINZO, RE: OPT-OUT, 1000 N. WEST STREET, SUITE 1200, WILMINGTON, DELAWARE, USA- 19801. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 21.
This Agreement supersedes any prior agreements between you and WinZO with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, App, or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to WinZO shall be given by certified mail, postage prepaid and return receipt requested to WinZO at 1000 N. West Street, Suite 1200, Wilmington, Delaware, USA- 19801. Any notices to you shall be provided to you through our Website, App, or Platform or given to you via the email address or physical address you provide to WinZO.