Terms & Condition
1. The Terms
1.1. These Terms of Service (the “Terms”) are a legal and binding agreement between users (“Users”) and TICTOK Skill Games Private Limited (referred to as the “WinZO”), in relation to all games and applications made available by WinZO (jointly and interchangeably referred to as the “Services”), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the abovementioned Services (jointly referred to as the “Content”).
1.3. Users state that they are of legal age (minimum 18 years of age) to access the Services and Content, or if legally possible, to access with their legal guardian consent, due authorization and agreement with these Terms.
2. The Services
2.1. WinZO gives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to enjoy the Services as provided by WinZO, in the manner according with by these Terms. The Services may change or being modified from time to time without prior notice or communication. Further more WinZO may, at its own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior notice or communication.
2.2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by WinZO on the Services are subject to change. In consideration for WinZO granting you access to and use of the Services, you agree that WinZO and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2.3. When access games included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are integral part of the Terms, which Users shall agree and comply.
2.4. Any charges related to Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are full responsibility of such Users.
3.1. Subject to your compliance with these Terms, WinZO grants you a limited, non-exclusive, non-transferable, non-sub licenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
4. Users accounts
4.1. Users are responsible for safeguarding the password that use to access the Services. WinZO encourage Users to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the accounts. WinZO cannot and will not be liable for any loss or damage arising from Users failure to comply with the above.
4.2. Users agree to take all steps necessary to protect log in details and keep them secret, and not give log in details to anyone else or allow anyone else to use their log in details or account, including log in details and account for any social network or platform that Users may allow the Services to interact with. WinZO shall not have any responsibility for the consequences of failure by Users to these provisions, and agree to fully compensate WinZO for any losses or harm that may result. Furthermore, WinZO shall not be responsible for any loss that Users may suffer as a result of an unauthorized access to their accounts and/or use of the Services, and WinZO accepts no responsibility for any losses or harm resulting from this unauthorised use, whether fraudulently or otherwise.
5. Contests, Deals, Levels and In App purchases
WinZO may conduct promotions, including, without limitation, contests, consolation prizes, Level redemptions and sweepstakes. Apple is not involved in any way with the contest or sweepstakes. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.
5.1. Pricing of, Purchasing and Availability of Levels. WinZO rewards its users certain Levels as per the company’s discretion and a proprietary algorithm that factors in multiple variables viz. number of quizzes played, number of quizzes correctly answered, etc. WinZO Levels has no monetary value and does not constitute currency or property of any type. The number of Levels earned and shownin your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications alongside exercising few options such as redemption of Levels for certain prizes, ability to participate in certain games upon reaching a minimum Level requirement. WinZO´s Levels cannot be sold or transferred; however, it can be redeemed for certain special deals by making a nominal payment against those deals. WinZO reserves the right to withdraw the deal anytime during the tenure of the services without prior intimation. You acknowledge that you are not entitled to a refund for any unused Levels or unused Virtual Items when WinZO stops making an Application available, whether such action is taken at WinZO´s discretion or due to unforeseen events.
5.2. The price payable by you is the price indicated in the Application itself. When you purchase a license to use our Services, or purchase a subscription to use an Application, you agree to pay taxes, levies and any other Statutory/Govt. dues by whatever name called, where applicable, that we or our agent assesses on your purchase. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Levels, deals and Items etc. We do not offer any returns or cancellations of purchases unless the user satisfies any minimum performance criteria that’s decided by WinZO and mentioned on the App.
5.3. As for any competition or deal that’s placed in the Application, WinZO reserves complete rights for the following –
- Decision pertaining to competition format and content
- Decision pertaining to the prizing structure viz. Main prize, Consolation prize
- Decision pertaining to criteria of selection of winners
- Decision pertaining to disbursal of prizes, gifts and deal redemptions
WinZO holds no liabilities against any form of aberration w.r.t. quality of the product, logistics & handling procedures, any other unforeseen cost or unfavorable constraint that surfaces during the process of user claiming its prizes.
6.3. Users acknowledge and accept that they are subject to receive occasional communications, such as service announcements and administrative messages.
7. Intellectual Property
7.1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, is owned by or licensed to WinZO. By submitting Content on or through the Services, Users 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.
7.2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging to WinZO and/or any other User. WinZO respects the intellectual property rights of others and expects Users to do the same. If Users or any third party believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide WinZO with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) contact information, including address, telephone number, and an email address; (v) 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; and (vi) 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.
7.3. WinZO reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without any liability
8.1. WinZO reserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without any liability. WinZO also reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.
8.2. Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, WinZO’s computer systems, or the technical delivery systems of WinZO’s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Users shall provide accurate and up to date information when creating their accounts and/or using the Services. Accounts are limited at one per User. The sell or transfer of any account or part of it, Content, items and/or any part of the Services is strictly prohibited.
8.3. WinZO reserves the right to suspend or terminate any access to the Services, including by terminating or deleting any accounts and any Content related without any notice or communication, if there is a reasonably belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate WinZO for all losses, harm, claims and expenses that may arise.
9.1. All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will remain the exclusive property of WinZO and its licensors. Services are 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.
9.2. These Terms will continue to apply until terminated by either Users or WinZO as follows: (i) Users may end this legal agreement with WinZO at any time for any reason, by discontinuing the use of the Services and contacting email@example.com to delete their account, provided that they will still be responsible for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due to prolonged inactivity; (ii) WinZO may suspend or terminate Users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited to, if there is a reasonably belief that such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion the provision of the Services is no longer commercially and or technically viable.
9.3. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
9.4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services are 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.
9.5. WinZO makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (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 Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from WinZO or through the Services, will create any warranty not expressly made herein.
9.6. The Services may contain links to third-party websites or resources. Users acknowledge and agree that WinZO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. 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 from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from its use of any such websites or resources.
9.7. To the maximum extent permitted by applicable law, WinZO shall 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 services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
9.8. In no event shall the aggregate liability of WinZO exceed the total amount that such User has paid to WinZO in the six month period ending on the date of the claim, to a maximum of One Thousand Indian Rupees (INR 1000). The limitations shall 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 the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
9.10. The failure of WinZO 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 in full force and effect.
9.11. These terms shall be governed by and construed in accordance with the laws of Nagaland Government as well as Republic of India. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the relevant courts located in the city of Delhi/New Delhi – INIDA. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
9.12. WinZO is a skill based Quiz games i.e. skill game which is clearly defined in the recently passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this type of skill games.
As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of “Games of Skill” is reproduced as under,
“Games of Skill” shall include all such games where there is preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill or acumen”.
Explanation: For the purpose of this Act-
- All Games provided in Schedule A of this Act shall fall under the category of “Games of Skill”,
- ‘Games’ which have been declared or determined to be ‘games of skill’ by India or International courts or other statutes, or games where there are domestic and international competitions and tournaments, or games which can be determined to be ‘games of skill’ shall further be entitled to be included in Schedule A,
- Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c) calculation/Strategy/quiz based.”
Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. Stae of Tamil Nadu And Anr on 12 January, 1996 (1996) AIR 1153, 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is reproduced as under,
“A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated
- is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is dominant element – “skill” or “chance” – which determines the character of the game”.
9.13. WinZO Skill Games may be run all over India except the State of Asam, Orisa, Telangana and/or any other State which has banned/prohibited or to be prohibited to run/operate of WinZO Skill Games. In spite of this, any User run and/or operate the WinZO Skill Games, he will be solely responsible for the same.
9.14. WinZO skill based Quiz games is not Gambling, Gaming and Lotteries.
9.16. WinZO may revise these Terms from time to time, the most current version will always be on the mobile application. WinZO reserves the right, but not the obligation, in its sole discretion, to notify any modification via e-mail to the email associated with Users account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms. These Terms were last updated on 17th Feb 2017.
10. Tax & TDS Policy
10.1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of WinZO Games.
10.2. There is no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on WinZO Games/Quiz.
10.3. TDS is deducted on winning amounts above Rs.10,000/- on WinZO Games/Quiz before releasing the winnings prize/product/amount and/or in whatever name called.
10.4. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any wining above Rs.10,000/- in a single game.
10.5. The person responsible for paying shall, before releasing the winnings, collect the TDS amount from the winner.
10.6. Your prize can only be redeemable after TDS deduction , if winning product is above 10,000/- . TDS amount is to be paid to WinZO Games as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
10.7. The User will have to provide his valid PAN card copy so that WinZO Games can file TDS deducted accordingly.
11. Questions Integrity
11.1. WinZO attempts to keep the database of questions up to date and check that answers registered in the system as the "right" answers are correct. However, if there are questions that have answers that are incorrect according to some sources, then WinZO does not hold any responsibility for the outcome of the Challenge.