Terms and Services - Winzy Platform
By subscribing/registering to/on or using https://www.winzy.in, its sub- domains 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.
“our”, “Winzy” shall mean Sindhu Synergy 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 firstname.lastname@example.org. 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
B. any circumstances beyond the reasonable control of Winzy. Participants
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.
Use of the Winzy site
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
criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards.
attempting to circumvent, disable or otherwise interfere with security-related features of Winzy or features that prevent or restrict use or copying of any content or enforce limitations on use of Winzy or the content therein.
using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with Winzy site, and taking advantage of cheats or exploits.
using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials.
interfering with, disrupting, or creating an undue burden on Winzy site or the networks connected to Winzy site.
Using multiple accounts to gain unfair advantage over other players or to take advantages of the system.
soliciting personal information from anyone under the eighteen (18) years of age.
collecting, harvesting, soliciting or posting passwords or personally identifiable information from other Users.
using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account.
using any information obtained from Winzy site in order to harass, abuse, or harm another person
using any unfair, misleading or deceptive content intended to draw traffic to one’s profile.
using Winzy site and/or software in a manner inconsistent with any and all applicable laws and regulations.
sub-license, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone.
access or use of a third-party account that have been sub- licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
using Winzy site and/or Software and/or materials for commercial purpose manner.
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.
User Status Submissions
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.
Intellectual Property Rights
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 prohibited.
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 at
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.
Use of Google Analytics and Clevertap
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.
Special Note to International Users
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
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.
Limitation of Liability
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.
You agree to abide by these Terms and Conditions and all other rules, regulations and Terms and Conditions of the Website. In the event you do not abide by these Terms and Conditions and all other rules, regulations and Terms and Conditions, Winzy may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
information at the time of registration and at all other times (as required by Winzy). You further agree to update and keep updated your registration information as and when required by Winzy.
You shall not register or operate more than one User account with Winzy.
You shall provide all the necessary Mandatory Information Documents (MIDs) as and when required by Winzy as per compliance of Republic of India laws and regulations.
You agree to ensure that you can receive all communication from Winzy by marking e-mails from Winzy as part of your "safe senders" list. Winzy shall not be held liable if any e-mail remain unread as a result of such e-mail getting delivered to your junk or spam folder.
Any password issued by Winzy to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's
restricting, suspending, or terminating your access to all or any part of Winzy services;
deactivating or deleting your account and all related information and files on the account. Any winnings amount on the date of deactivation or deletion shall be transferred to the user's Paytm account on record with Winzy subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.
• You agree to provide true, accurate, current and complete
password. You shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Winzy of any unauthorized use of your account or any other breach of security.
You agree to exit/log-out of your accounts at the end of each session. Winzy shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Winzy services and/or Winzy experience or assist in such activity.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Winzy or Winzy services.
You agree that without Winzy's express written consent, you shall not modify or cause to modify any files or software that are part of Winzy's services.
You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Winzy or the Winzy services (each a "Server"); or (b) the enjoyment of Winzy services by any other user or person.
You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt Winzy services or any other person's use or enjoyment of Winzy services.
You shall not attempt to gain unauthorised access to the user accounts, servers or networks connected to Winzy services by any means other than the user interface provided by Winzy, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of Winzy services.
If you choose a username that, in Sports opinion is considered to be obscene, indecent, abusive or that might subject Winzy to public disparagement or scorn, Winzy reserves the right, without prior notice, to change such username and intimate you or delete such username from Winzy, deny you access to Winzy, or any combination of these options.
Unauthorized access to the Winzy site
shall be considered a breach of these Terms and Conditions,
Use of the Winzy site shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms and Conditions, shall limit the Winzy's right to comply with governmental, court, and law- enforcement requests or requirements relating to User’s' use of Winzy.
Users may contact with problems or questions, as appropriate.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Winzy Services or any other person's use or enjoyment of Winzy Services.
Users shall not attempt to gain un-authorised access to other User accounts on Sports Unit by any means including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Winzy services.
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.
Your prize in the form of Paytm/ Bank cash in any Tournament will reflect as credits to your winnings account. It is clarified that in no instance will Winzy permit the transfer of any amounts from your winnings accounts to any other user’s winnings account or any third party account,
You agree that once you confirm a transaction on Winzy, you shall be bound by and make payment for that transaction.
You acknowledge that transactions on Winzy may take up to 24 hours to be processed. Any amount paid may take up to 24 hours to reflect in your virtual currency earned. You agree not to raise any complaint or claim against Winzy in respect of any delay, including any lost opportunity to join any Tournament due to delay in crediting of transaction amount into virtual currency.
Refund and Cancellation Policy
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 email@example.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.
Contest Cancellations and Losses
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.
Withdrawl of Winnings
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 courts of competent jurisdiction at Hyderabad, Telangana, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Winzy services provided by Winzy (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Winzy, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
• If any question, issue, difference or dispute arises between the disputing parties as to the interpretation of these terms and Conditions or as to the duties and/or liabilities of either Party to these Terms and Conditions hereunder or as to any matter and/ or thing arising out of or under these Terms and Conditions the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by sole arbitrator to be appointed mutually by the disputing parties. The Arbitration proceedings shall be conducted at Hyderabad, India in accordance with the
Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re- enacted from time to time and the Award so made shall be final and binding on all the parties. The language of arbitration proceedings shall be English.
The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Winzy from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Winzy's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Winzy to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
You shall access the Winzy services provided on Winzy voluntarily and at your own risk. Winzy shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Winzy services (including participation in any Tournament(s)) or as a result of acceptance of any prize.
By entering Winzy and accessing the services provided therein, you hereby release from and agree to indemnify Winzy, and/ or
any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out of your access to the Winzy services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on your part, or otherwise.
Winzy accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
You shall be solely responsible for any consequences which may arise due to your access of Winzy services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Winzy services, including providing incorrect address and/or other personal details. You also undertake to indemnify Winzy and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/ damage suffered by Winzy on account of such act on your part.
You shall indemnify, defend, and hold Winzy harmless from any third party/entity/organization claims arising from or related to your engagement with Winzy or participation in any Tournament. In no event shall Winzy be liable to you for acts or omissions arising out of or related to your engagement with Winzy or your participation in any Tournament(s).
In consideration of Winzy allowing you to access the Winzy services hosted on Winzy, to the extent permitted by law, you waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against Winzy, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Winzy services or related to the Tournament(s) or the prizes of the Tournament(s).
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:
errors, mistakes, or inaccuracies of content,
personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of Winzy site,
any unauthorized access to or use of Winzy site, and/or any and
all personal information and/or financial information stored
any interruption or cessation of transmission to or from
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. anyerrorsoromissionsinanycontentorforanylossordamage 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 third- party 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:
Winzy will meet your requirements,
Winzy will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of Winzy will be
accurate or reliable; and
the quality of any products, Winzy services, information, or other
material that you purchase or obtain through Winzy will meet
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
Winzy may be required under certain laws, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Winzy posting them on Winzy or delivering them to you through email address (provided by you at the time of registration) and/or as a notification in your user account. If you do not provide Winzy with accurate information, or do not view the notification sent to your user account, Winzy shall not be held liable for your failure to view the notification.
Winzy shall not be liable for any delay and/or failure to perform anything which is caused by factors outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, Governmental order, order/judgment of a judicial authority or materials or any cancellation of any cricket match to which a Tournament may relate. In such circumstances, Winzy shall also be entitled to cancel any related Tournament(s) and to process an appropriate refund for all Participants participating in that particular tournament. A notice in writing of such happening/ s or event/s shall be put on the Winzy site within fifteen (15) days of such event(s)or happening(s).
Winzy's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
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 Winzy or these Terms and Conditions shall be filed within thirty (30) days of such claim or cause of action arising or the same shall not be allowed to raised after such time period has elapsed.
These Terms and Conditions constitute the entire agreement between you and Winzy Private Limited and govern your use of Winzy, superseding any prior agreements that you may have with Winzy Private Limited.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Winzy reserves the right to moderate, restrict or ban the use of Winzy, specifically to you, or generally, in accordance with Winzy's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Winzy may, at its sole and absolute discretion, permanently close or temporarily suspend any Winzy service(s) (including any Tournament(s)).
Merger, Conversion, Sale, or Bankruptcy
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.
Eligibility to Accept Terms and Conditions
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.
Changes to Terms and Conditions
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.