By subscribing/registering to/on or using https://www.winzy.in, its subdomains and/or Winzy App (mobile application accessible through a mobile phone) collectively referred to “Winzy” and/or any services provided on the Winzy site, you agree that you have read, understood and agreed to be bound by the terms and conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the terms and conditions, you must not subscribe to or register or use the Winzy site or any of its services. For the purpose of these terms and conditions, wherever the context so require "you" or "your" or "user" shall mean any natural or legal person who has agreed to become a member of the Winzy site by registering/subscribing on the Winzy site as registered/subscribed user or a person who has used the Winzy site either through browsing or otherwise. Your access or use of the Winzy site is subject to the terms and conditions as set out here ("Terms and Conditions") and the Privacy Policy made available at Winzy site. “We”, “us”, “our”,“Winzy” shall mean W Gate Technologies Pvt. Ltd. and/or any of its affiliated entities.
Winzy shall be entitled to modify these Terms and Conditions, and the rules governing its games, at any time, by posting the same on Winzy site. Use of Winzy constitutes your acceptance of such Terms and Conditions and the rules referred to herein or provided by Winzy in relation to any Winzy services, as may be amended from time to time. You may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions or the rules. If such an option is not exercised by you within the time frame prescribed in the email or notification, you will be deemed to have accepted the modified Terms and Conditions and the rules provided by Winzy.
Winzy site may contain links to third party websites that are not owned or controlled by Winzy. Winzy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Winzy will not and cannot censor or edit the content of any third-party site. By using the Winzy site and its services, you expressly acknowledge and agree that Winzy shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
To use the app and participate in the activities of the Winzy platform you shall be required to create an account by logging in through the Winzy site/app. You shall do so after completing the registration process by:
a) providing true, accurate, correct and complete information as prompted by the applicable registration form. b) maintaining and updating true, accurate, correct and complete information provided by you during the registration process.
You shall be required to choose a password and user name. You shall be solely responsible for maintaining the confidentiality of your account username and password.
You shall be solely responsible for the registration information provided by you during submissions and the consequences of posting or publishing them. Winzy is only acting as a repository of data and makes no guarantee as to the validity, accuracy, or legal status of any information / submissions.
If, at any time, Winzy believes that your account and password is being misused in any manner, or that the information provided by you during above stated registration process is not true, inaccurate or incomplete, then Winzy reserves the right to terminate/cancel or suspend your account and block your access to Winzy site.
You shall be solely and exclusively responsible for any and/or all activities that are carried through your account. You agree to notify Winzy of any unauthorized use of your account and/or any breach of security via email at info@winzy.in. Winzy shall not be liable for any loss that you may incur as a result of another person(s) using your username and//or password and/or your failure to comply with this section. You shall be solely and exclusively liable for all the losses to Winzy and/or other claims, damages, fines due to such an unauthorized use.
If Winzy charges you a platform fee in respect of any Winzy services, Winzy shall, without delay, refund such platform fee in the event of suspension and/or termination of your account or Winzy services on account of any fault on the part of Winzy. It is hereby clarified that no refund shall be payable if such suspension and/or termination is effected due to
A. any breach or failure to adhere any of these Terms and Conditions, Privacy Policy and/or any other rules by you the User or a person(s) accessing your account by using your username and password; or
B. any circumstances beyond the reasonable control of Winzy.
The games available on the Winzy site are open only to residents of India aged eighteen (18) years or above at the date of usage and/or registration. Employees of Winzy, their associated, affiliated and subsidiary companies and their families, agents, game sponsors, and any person connected with the Winzy are excluded from participating in the game and/or winning a prize. By taking part in a game (not including administering the game) on the Winzy site, participants warrant that all information submitted by them is true, accurate and complete. Proof of age may be required. The sole discretion to declare a user ineligible to participate shall vest with Winzy.
All materials provided on the Winzy site, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of the Winzy and/or its vendors and/or suppliers. All Materials herein and Winzy's softwares are the property of Winzy. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of Winzy.
Subject to your compliance with these Terms and Conditions, Winzy hereby grants you the right to access and use the Winzy site only for personal and non-commercial purposes. You may not use the Winzy site for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may post/share links/images/text content on the Winzy site on social platforms like Facebook, Twitter, Google+, Snapchat, Instagram, Youtube or any other social sharing platform with appropriate link-back to the original source.
When the Winzy site provides for the download of any particular Material including any software, you may download such Material and/ or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall (a) keep a record of and not amend copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Winzy site or the Material including the software, in whole or in part, and (c) not transfer any Material or software or any part thereof to any other computer or mobile device. Any commercial or business use of the Winzy site or any Material including the software is expressly prohibited.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of Winzy intellectual properties.
You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the Winzy site or Material or software or any part thereof to you or any third party.
As a condition of your use of the Winzy site, you shall not use the Winzy site for any purpose that is unlawful or prohibited, under these Terms and Conditions or under any Indian laws, statutes, order, ordinances and regulations. The duty to verify whether the use of the Winzy site is legal in your jurisdiction your sole and exclusive responsibility.
You shall not display, upload, modify, publish, transmit, update or share any information on the Winzy site, that is
The User/Participant use of the Winzy site and software is also subject to laws of the state in which the user resides and from which he/she accesses Winzy site, as well as the laws enacted by the republic of India. Residents physically located outside India and in the states of Assam, Telangana, Nagaland and Orissa (“the Excluded States”) are ineligible to open a User Account on Winzy site.
Users seeking to participate in games of skill, offered by Winzy site from the Excluded States would be ineligible for prizes offered by Winzy. Winzy, at its sole discretion or the judicial/government authority through an order/decree/judgment/direction may add additional states in the Excluded States. In such a case, the Users/participants from these states shall be ineligible to participate in the online games/ tournaments where participation fee is charged and prizes are offered.
Any credit/winning amount of such a User/participant, available in the User Account with the Winzy shall not be usable, till the time the judiciary/government authority expressly allows the Winzy site to offer its online game(s) in the Excluded State.
The User/Participant agrees that Winzy shall not be held liable if laws applicable to the User/participant restricts or prohibits his/her participation.
Winzy makes no representations or warranties, implicit or explicit, as to the User’s legal right to participate nor shall any person affiliated, or claiming affiliation with the User/participant have authority to make any such representations or warranties.
A. The Winzy service allows Winzy site to submit status text, profile photos and other communications , as well as the automatic submission of your “last seen” status (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Winzy service, and may be visible to other users of the Winzy service which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly/share to other Winzy site users shall only be viewed by those Winzy site user(s) or group(s); but Status Submissions may be viewed by Winzy Site users, unless the user is blocked by you. Winzy has no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be viewed by users Winzy service, so you are requested to not submit and/or post any status messages and/or profile photos that you do not want to be seen or published. The submission of your 'last seen' status is done on an automatic basis. You shall retain all ownership rights in your Status Submissions.You understand and agree that whether such Status Submissions are published or not, Winzy cannot provide any guarantee, any confidentiality with respect to any such Status Submissions. Further, Winzy reserves the right to discontinue the 'last seen' feature on its website/mobile application at any point of time at its sole discretion.
B.You shall be solely and exclusively responsible for your own Status Submissions on the Winzy Site and App and any subsequent consequences of posting or publishing such Status Submissions. User submitted status do not represent the views or opinions of Winzy and Winzy claims no guarantee with respect to the validity, accuracy or legal status of any Status Submission. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Winzy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the service and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Status Submission in the manner contemplated by the service and these Terms and Conditions. You retain all ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions on the Winzy Site, you hereby grant Winzy a non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Winzy service and Winzy's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Winzy service (and derivative works thereof) in any media and/or through any media channels. You also hereby grant each user to your status on the Winzy Service and a non-exclusive license to access your Status Submissions through the Winzy service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Winzy service.
C.To file a copyright infringement notification, please send a written communication that includes substantially the following Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (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 Winzy to locate the material, including the mobile phone number of the user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit Winzy to contact the complainant, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complainant has 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 that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at sportsunity.co. Winzy reserves the right to remove content and Status Submissions without prior notice. Winzy shall also have the right to terminate or suspend a user's access to the service, if such user is found to be a repeat infringer. A repeated infringer is a user/ participant who has been notified previously of an infringing activity and/or has had a Status Submission or content removed from the Winzy site previously. Winzy also reserves the right to decide whether any content and/or a Status Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest or causing annoyance. Winzy shall terminate a User's access for uploading such Material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
D. You understand and agree that when using the Winzy site you will be exposed to Status Submissions from a variety of sources, and that Winzy shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions. You also understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Winzy with respect thereto, and agree to indemnify and hold Winzy, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the extent allowed under any law pertaining to any matter related to your use of the Winzy Site.
E.Winzy permits you to link to Materials on the Service for personal purposes only. Winzy reserves the right to discontinue any aspect of the Winzy Site at any time.
The user hereby consents and agrees that she/he has read and fully understood the contents and terms of the Privacy Policy of Winzy and by using the Winzy Site, the user has consented to such content and terms of the Privacy Policy of Winzy.
Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the Winzy site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the Winzy site), trademarks and logos appearing on the Winzy site are the property of the Winzy and are owned & controlled by us or by other parties that have licensed their material to us. You shall not copy, reproduce, republish, upload, post, transmit or distribute the Winzy Site Material in any way, including by e-mail or other electronic means and whether directly or indirectly and/or assist any other person to do the same. Without the prior written consent of the owner of the Materials, modification, use of the Materials on any other web site and/or networked computer environment and/or use of the Materials for any purpose other than personal, non-commercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of Winzy, and shall be prohibi
Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Winzy or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Winzy site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
We, at Winzy, respect other people's intellectual property rights and if you believe that any content or material on the Winzy site infringes on your intellectual property rights, you can write and inform us about the same a winzy.info@gmail.com
Winzy may establish on the Winzy site, a hypertext link to a third party website from time to time. Such link is provided for information and convenience of the users and does not state or imply any sponsorship or endorsement of third party website by Winzy. Winzy has no control over such third party website and your use of such third party website or any offsite dealings with such third parties is at your own risk.
The Winzy site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the Winzy site,. The information generated by the cookie about your use of the Winzy site (including your IP address) shall be transmitted to and stored by Google on the servers. Google will use this information for the purpose of evaluating your use of the Winzy site, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. By using the Winzy site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Some part of the Winzy site, may contain advertising information, surveys, promotion material or other material submitted to Winzy by third parties. Responsibility for ensuring that the material submitted for inclusion on Winzy site, complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Winzy shall not be responsible and/or liable for any claim, error, omission, inaccuracy in advertising material and/or any loss or damage of any sort incurred as a result of any such dealings or asa result of the presence of such advertisers on the Winzy site,. Winzy reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
The Winzy site and service are hosted in the Republic of India and are intended for and directed to users in the Republic of India (except the Excluded States). Winzy makes no representation that the Winzy site is appropriate or available in locations outside India Those who choose to access the Winzy site from outside India and/or Excluded States do so at their own risk and shall be themselves responsible for compliance with applicable laws. If you are a user accessing the Winzy site and service from any region with laws or regulations governing personal data collection, use, and disclosure, your continued use of Winzy site and service (governed by the Indian laws, Winzy Terms & Conditions and Privacy Policy) you consent to transfer your personal information to the Winzy as per the Republic of India laws and regulations.Limitation of Liability
In no event shall the Winzy, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/ or financial information stored therein; (iv) any interruption and/or cessation of transmission to or from our servers; (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party; (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Winzy client, whether based on warranty, contract, tort, or any other legal theory, and whether or not Winzy is advised of the possibility of such damages; and/or (vi) the disclosure of information pursuant to these Terms and Conditions or privacy policy of Winzy. The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Winzy shall not be liable for any user Status Submissions and/or any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.
In no event shall Winzy, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Winzy client, whether based on warranty, contract, tort, or any other legal theory, and whether or not Winzy is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of use or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
specifically acknowledge that Winzy shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
User Conduct
You agree to defend, indemnify and hold harmless Winzy, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Winzy site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right; (iv) any violation of applicable law, rules, regulation, orders and ordinanceThis defense and indemnification obligation shall survive these Terms and Conditions.
All credits that are purchasable or available from/on the Winzy site are subject to this refund policy.Credits that are 'purchased' by the user using our payment gateway partners are non cancellable and non refundable once the credits have been credited to your credits balance on the Winzy site. If you make a payment to purchase credits, but the credits has not yet been credited to the user's account (Due to a technical issue or any other reason), then you can claim a refund and the same shall be completed within seventy two (72) hours*of raising to request for a refund.
The seventy two (72) hours window begins at the time of receiving the refund request email from you (Please send your request to winzy.info@gmail.com) with details of the bank transaction and other transaction details pertaining to the payment settlement system mentioned in the email. Winzy may at its sole and exclusive discretion permit a refund of your payment if you have purchased credits, but have not consumed any portion of your credits before raising the request for a refund. After raising such request for a refund, if you consume any portion of the credits, then Winzy shall not be liable to process a refund. Credits that are earned via means that do not involve a payment made by a user (such as watching a video advertisement to earn credits) shall not be subjected to refunds.
* Time mentioned is calculated between 10am - 5pm on working days only.
Winzy may cancel a tournament due to insufficient number of participants in a tournament and/or if the server(s) become unresponsive beyond a threshold limit (in minutes) as decided by Winzy. In such a scenario, if you are a participant of a cancelled tournament, you will receive the credits you consumed as part of the tournament as a full refund within forty eight (48) hours*. You agree, that in no case will you make a claim to receive the refund in any other form (including transfer through a payment settlement system).
Further, Winzy shall not be responsible or liable in any manner, if you do not win in a tournament. You agree to not make any claim to receive a refund (in the form of credits or any other form) if you do not win a tournament.
You can transfer any portion of your winnings to your Paytm wallet/ Bank account or a payment settlement system assented to by Winzy, if your winnings are beyond a specific threshold. The threshold shall be mentioned on the Winzy site. Once you raise a request to withdraw a portion of your winnings, Winzy shall initiate such request within 120 hours* to the payment settlement system that you seek to use to transfer the amount to the platform/mode used by the payment settlement system. You agree to not hold the Winzy responsible or liable for any delay or failure in transferring the requested amount to your desired payment settlement system’s platform/mode used
*Time mentioned is calculated between 10am - 6pm on working days only
Winzy shall not be liable for any network outage or any problems/ interruptions with network connectivity as the same is beyond Winzy’s control.
Winzy shall not be responsible and/or liable for any interruption in a Winzy game and/or tournament caused at the user’s end due to an incoming call, message, chat, video call or any other interruption on the mobile phone device. In case of any interruption specified above in a Winzy game and/or tournament on the user’s mobile phone device, the game and/or tournament shall still continue and the user shall assume complete responsibility for such interruptions in between the games and/or tournaments.
All applicable prizes shall be subject to deduction of tax at source ("TDS") as per the Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
As per the Income Tax Act, 1961 TDS Certificates shall be provided by Winzy in cases of deduction of TDS on winnings of users of value of and above INR 10,000.
If it comes to the notice of Winzy that any governmental, statutory or regulatory compliances or approvals are required for conducting any Tournament(s) or if it comes to the notice of Winzy that conduct of any such Tournament(s) is prohibited, then Winzy shall withdraw and / or cancel such Tournament(s) without prior notice to any Participants and/or winners of any Tournament(s). In such a case the user shall only be entitled to a refund of the credits which have not been used in a tournament. The user shall not have a right to any other claim, damages, losses or costs Governing Law and Jurisdiction.
The Winzy site, all the Materials and products (including but not limited to software) and any services, included on or otherwise made available to you through this Winzy site, are gathered from a variety of sources and are intended solely as general information and provided on "as is" and "as available" basis. Winzy has endeavoured to ensure that all the information available on the Winzy site is correct, but Winzy neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Winzy site, is/are the personal opinion of such experts/consultants/persons and does not constitute or indicate our endorsement, representation or warranty of such information and are not subscribed to by this Winzy site. Without prejudice to the for going paragraph, Winzy does not make any warranties and/or representations about the accuracy or completeness of the user content and assumes no liability or responsibility for:
i. errors, mistakes, or inaccuracies of content,
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Winzy site,
iii. any unauthorized access to or use of Winzy site, and/or any and all personal information and/or financial information stored therein, iv. any interruption or cessation of transmission to or from v. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or
vi. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via use of our site.
Winzy does not warrant, endorse, guarantee, or assume responsibility for any product and/or service advertised and/or offered by a third party through Winzy site, or any hyperlinked website or other advertising, and Winzy shall not be a party to or in any way be responsible for monitoring any transaction between you and thirdparty providers of products and/or services.
To the extent permitted under law, neither Winzy nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Winzy shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Winzy services or sites, cancellation of tournaments and prizes. Winzy disclaims any responsibility for, and if you pay for access to one of Winzy's services you will not be entitled to a refund as a result of, any inaccessibility that is caused by Winzy's maintenance on the servers or the technology that underlies our sites, failures of Winzy's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Winzy does not provide any warranty as to the content on Winzy. Winzy content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Winzy is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or mobile phone or loss of data that results from your download of any such material.
Winzy shall make best endeavours to ensure that Winzy is error-free and secure, however, neither Winzy nor any of its partners, licensors or associates makes any warranty that:
In case Winzy discovers any error, including any error in the determination of Winners or in the transfer of amounts to your winning account, Winzy reserves the right to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to you and/or deduction from your account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Winzy agrees to notify the User of the error and of the exercise of the remedy/remedies to rectify the same.
To the extent permitted under law, neither Winzy nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Winzy services, events or Tournament(s) being hosted or provided, or intended to be hosted or provided by Winzy and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Winzy services, events or tournament(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any services, events or tournaments, you shall not be entitled to make any demands, claims, of any nature whatsoever
In the event that Winzy is acquired by or merges with a third party entity or converts into a Company, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, conversion or other change of control.
The Terms and Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Winzy. If any provision of these Terms and Conditions is considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
You affirm that you are either above eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Winzy takes children's privacy seriously, and encourages parents and/ or guardians to play an active role in their children's online experience at all times. Winzy does not knowingly collect any personal information from children below the aforementioned age and if Winzy learns that Winzy has inadvertently gathered personal data from children under the aforementioned age, Winzy shall take all reasonable measures to promptly delete such personal data from Winzy’s records.
You further represent and warrant that you are not located in any Excluded State in India where Winzy is prohibited to offered and/or accessed under the Indian laws.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Winzy without restriction
We reserve the right, to modify these Terms and Conditions at any time. Any changes to Terms and Conditions will be posted on the Winzy site and it is your responsibility to review these Terms and Conditions for any changes. Your continued use of the Winzy sSite following a posting of changes is your agreement to the changes/ amendments and you shall be bound by the current and updated version of these Terms and Conditions. If any changes/amendments to these Terms and Conditions are unacceptable to you, you must discontinue use of the services offered by Winzy. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Winzy site, including for any violation of any provision of these Terms and Conditions. We also reserve the right to change the Winzy sSite without notice to you, at any time.
No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term and Winzy’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Winzy and you shall have no authority to bind Winzy in any manner, whatsoever. If you are registering on the Winzy site as a business entity, you represent that you have the authority to bind the entity to this Agreement.
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the Winzy site and/or remove any registration information or User Content from the Winzy site. Upon termination or expiration of the Terms and Conditions, your obligations and Winzy's rights and disclaimers survive, but your right to use the Winzy site immediately ceases.