1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1. By using the Winds – Captain mobile application (the “Platform”), you,
the user (“you”, “your”, or the “Captain” in this document) unconditionally
agree to the terms and conditions that we, M/s Winds E Pvt Ltd, listed in the class of Private company and classified as Non-govt company. This company is registered at Registrar of Companies(ROC) having its Corporate Office at 2nd & 3rd Floor, 235, Suraj Centre, 27th Cross, Corporation Ward 59, Yediyur, Jayanagar, Bengaluru Karnataka 560082 have
provided herein for the use of the Winds Platform owned and maintained by us.
All interactions on the Winds Platform must comply with these Terms of Use. If
you do not wish to agree to the outlined terms and conditions herein (the “Terms
of Use” in this document), please refrain from using the Winds Platform.
1.2. For the purpose of these Terms of Use, wherever the context so
requires, “you” or “Captain” shall mean any natural or legal person who has
agreed to become a associate on the Platform for the purpose of registering
various vendors (“Partners”) or customers (“Patrons”) or other captains on the
Platform.
1.3. Please read these Terms of Use carefully, by browsing, accessing or
using the Platform or by using any facilities or services made available through
or on it, you are agreeing to the Terms of Use that appear below (all of which
are called “Agreement”). This Agreement is made between you and us.
1.4. We at all times reserve the right to amend these Terms of Use. All
amendments and changes to these Terms of Use will be available online. Such
changes may include, among other things, addition of certain fees or charges. We
suggest you, therefore, that you re-read this important notice containing out
Terms of Use and Privacy Policy from time to time so that you remain informed as
to any such changes. If we make changes to our Terms of Use and Privacy Policy
and you continue to use our Platform, you are deemed to have implicitly agreed
to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any
such deletions or modification shall be effective immediately upon Winds posting
thereof. Continued use of any of the services provided via the Platform
including information services, content and transaction capabilities on the
Platform, including the ability to receive commission from your referred parties
through the Platform or review their transactions (all of which are called
“Services” in this document) will be deemed to constitute acceptance of the new
terms and conditions. We may immediately terminate these Terms of Use or any
Services with respect to you, or generally cease offering or deny access to the
Services or any portion thereof, at any time for any reason.
1.5. Unless otherwise notified by you to Winds, by using the Platform, you
agree that Winds may provide you with any communication associated with the
Services including payment notifications through telephonic calls, SMS,
WhatsApp, E-Mail and other such similar communication services.
2. GENERAL
2.1. Eligibility. Winds has designated two separate types of captains for
its Platform i.e., Crown Captain and Senior Captain. In order to be eligible for
either of these, the person registering must fulfil the following:
a) Crown Captain. To become a Crown Captain, one must be (i) a field worker
of Sahara India Pariwar and must have done a fresh NCC business of INR 5,000
(Rupees Five Thousand Only) or more in the financial year of 2020-21 and
2021-22; or (ii) a karyakarta working at the respective offices; or (iii) a
regular retainer.
b) Senior Captain. Anyone can be a Senior Captain subject to the other terms
and conditions under this Agreement, provided they can be referred by a Crown
Captain or other Senior Captain or can be directly registered without any
referral.
2.2. Security Deposit. All Captains have to provide a security deposit of
INR 10,000 with Winds for registration on the Platform. Provided however, that
the Crown Captains shall not be required to pay such security deposit and it
shall be adjusted from the future commissions earned from the concerned Crown
Captain.
2.3. Captain Accounts. In order to use most aspects of the Services, you
must register for and maintain an active personal account (“Account”). You must
be at least 18 years of age to obtain an Account. Account registration requires
you to submit to Winds certain personal information, such as your name, address,
mobile phone number, as well as at least one valid payment method (either credit
card/ debit card or any other acceptable payment partner) at the time of making
payment. Being a Captain on the Platform, you may also be required to provide a
valid PAN Number, Aadhar Card Number, validated bank account and other relevant
documents that may be necessary to complete the registration procedure of Winds.
You agree to maintain in bona fide accurate, complete and up-to-date information
in your Account. Your failure to maintain accurate, complete and up-to-date
Account information, including having an invalid or expired payment method
and/or invalid PAN, Aadhar, or other such details on file, may result in your
inability to access and use the Services or Wind’s termination of these Terms of
Use with you. You are responsible for all and any activities that occur under
your Account and you agree to maintain the security and secrecy of your Account
username and password at all times. Unless otherwise permitted by Winds in
writing, you may only possess one Account. You shall not use the Winds Platform
for any illegal or fraudulent purposes barred by law or in general including
creation of multiple accounts. Any such illegal or fraudulent use may render you
liable under civil and/or criminal action along with quasi-judicial enquiry, if
any, including but not limited to equitable remedies, injunctions, etc. and all
other remedies available at the recourse of Winds Platform. Winds also reserves
the right to disable your use or cancel your Account for any illegitimate and/
or fraudulent usage or purchases.
2.4. Territory. The Platform and the Services are directed solely to those
who access the Platform from the Republic of India. Winds makes no
representation that Services are available or otherwise suitable for use outside
the Republic of India. If you choose to access the Platform from a location
outside the Republic of India, you do so on your own initiative and are
responsible for the consequences thereof.
2.5. Platform. Winds provides an interactive online service owned and
operated by Winds through its Platform, consisting of information services,
content and transaction capabilities provided by various online and offline
Partners. The Patrons on the Winds Platform can access such information and
interact with such Partners and make payment for any goods/ services availed
from them. The Captains can receive and review the commissions due to them for
transactions by their referred Partners, Captains and Patrons.
2.6. Right to Transfer. The right to use the Platform is personal to the
Captain and is not transferable to any other person or entity. The Captain shall
be responsible for protecting the confidentiality of Captain’s passwords, if
any. The Captain understands and acknowledges that, although the Internet is
often a secure environment, sometimes there are interruptions in service or
events that are beyond the control of Winds, and Winds shall not be held
responsible for any data lost or misused by a third party while transmitting
information on the Internet in any manner whatsoever.
2.7. Not on Uninterrupted Basis. While it is Wind’s objective to make the
Platform accessible at all times, the Platform may be unavailable from time to
time for any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and outside of
the control of Winds, access to the Platform may be interrupted, suspended or
terminated from time to time. Winds reserves the right, in its sole discretion,
to terminate the access to any or all Winds services or any portion thereof, at
any time, without notice. Winds shall also have the right at any time to change
or discontinue any aspect or feature of the Platform, including but not limited
to, content, graphics, offers, settings, hours of availability, and equipment
needed for access or use. Further, Winds may discontinue disseminating any
portion of information or category of information, may change or eliminate any
transmission method, and may change transmission speeds or other signal
characteristics.
3. CAPTAIN CONDUCT
3.1. Restrictions. The Captain undertakes without limitation, not to use or
permit anyone else to use the Services or the Platform:
a) To upload, send or receive any information for which you have not
obtained all necessary licenses and/or approvals (from us or third parties); or
which constitutes or encourages conduct that would be considered a criminal
offence, gives rise to a civil liability or otherwise be contrary to the law of
or infringes the rights of any third party in any country in the world;
b) To upload, send, or receive any material which is technically harmful
(including computer viruses, logic bombs, trojan horses, worms, harmful
components, corrupted data, malicious software, harmful data, or anything else
which may interrupt, interfere with, corrupt or otherwise cause loss, damage,
destruction or limitation to the functionality of any software or computer
equipment);
c) To intercept or attempt to intercept any communications transmitted by
way of telecommunication system for a purpose other than for which we have
designed them or intended them to be used; or for any fraudulent purposes; or in
any way which is calculated to incite hatred against any ethnic, religious or
any other minority or is otherwise calculated to adversely affect any
individual, group or entity;
d) To upload, send or receive any material which is not civil or tasteful;
e) To upload, send or receive any material, including Captain Content, which
is unlawful, harmful, tortious, threatening, abusive, harassing, hateful,
racist, homophobic, infringing, pornographic, violent, misleading, grossly
offensive, of an indecent, obscene or menacing character, blasphemous or
defamatory or of a libelous nature of any person or entity, in contempt of Court
or in breach of confidence, or which infringes the rights of another person or
entity, including copyrights, trademarks, trade secrets, patents, rights of
personality, publicity or privacy or any other third party rights; or
f) To cause annoyance, inconvenience or needless anxiety.
3.2. Forbidden Uses. The following uses of the Platform are expressly
prohibited and you undertake not to do (or to permit anyone else to do) any of
the following:
a) Resell the Services or the Platform;
b) Furnish false data including false names, addresses and contact details
and fraudulent use or credit/ debit card numbers or net banking or any other
mode of payment;
c) Attempt to circumvent our security or network including but not limited
to accessing data not intended for you, logging into a server or Account you are
not expressly authorized in writing to access, or probe the security of other
networks (such as running a port scan);
d) Access the Services or Platform in such a way as to, or commit any act
that would or does, impose an unreasonable or disproportionately large burden on
our infrastructure or that otherwise interrupts or interferes with its
functionality, efficiency or operation;
e) Execute any form of network monitoring which will intercept data not
intended for you;
f) Entering into fraudulent interactions or transactions with any Captain,
Partner or Patron on the Platform;
g) Use the Services or Platform in breach of this Agreement;
h) Use in an unauthorized manner, or forge or mail header information;
i) Engage in any unlawful or criminal activity in connection with the use of
the Services and/or Platform;
j) Copy or use any Platform Content for any commercial purposes;
k) Engage in any frivolous act that hampers the goodwill and brand
reputation of Winds or its Platform in any manner whatsoever.
3.3. Any conduct by a Captain that in Winds’ exclusive discretion is in
breach of the Terms of Use or which restricts or inhibits other Captains,
Partners or Patrons from using or enjoying the Platform is strictly prohibited.
The Captain shall not use the Platform to advertise or perform any religious,
political or non-commercial solicitation, including but not limited to, the
solicitation of users of the Platform to become users of other online or offline
services directly or indirectly competitive or potentially competitive with
Winds.
3.4. Winds reserves the right to prevent you from using the Platform and to
prevent you from making any sale through the Platform, if your conduct is found
to be in question or in contravention of the terms of the Agreement.
4. CAPTAIN REFERRALS AND COMMISSIONS
4.1. Referrals. Each of the Captains can refer any eligible person to become
a Senior Captain, Partner or Patron on the Platform (“Referred Party”). Provided
that in order for a Crown Captain to earn any commission, he/she shall
mandatorily, within a period of 90 days of activation of their Account, have to:
a) refer at least 3 Senior Captains;
b) Have a total earnings of Rs. 9,000 (Rupees Nine Thousand Only) from his
commissions.
Upon completion of the conditions above, the Crown Captain shall be
converted to a Senior Captain and be entitled to withdraw the commissions
received by them (after deduction of the applicable amounts for security
deposit).
4.2. It is hereby clarified that all referrals must result in registration
of the Referred Party on the Winds Platform for the Captain to be eligible to
earn commission.
4.3. Commission on Security Deposit. The Captains shall receive a 10%
commission from the security deposit received from any of their referred Senior
Captains.
4.4. Commission on Transactions. Winds receives certain percentage of each
transaction between a Patron and Partner as service charge from the concerned
Partner. Each of the Captains shall have the right to receive commission over
such service charge in accordance with the below:
a) Regular Commission. Each Captain shall receive a commission of 10% of the
service charge from the transactions undertaken on the Platform by one of their
Referred Party out of Patron and Partner, which shall be 20% in case the Patron
and Partner involved in the transaction are both Referred Party of such Captain.
b) Overriding Commission- A Captain shall receive a commission within the
range of 3.75% to 5% as overriding commission from the transactions of the
Partners/ Patrons introduced by the Senior Captains referred by such Captain..
Where the referred Senior Captain has introduced 20 Partners and 100 Patrons,
the overriding commission shall be 5%, whereas the same shall be 3.75% where the
referred Senior Captain has introduced lesser number of Partners/ Patrons. The
overriding commission shall be paid out of the service charge (excluding the
referral commission of the referred Senior Partner who introduced such Partner/
Patron) received by Winds from such transactions.
c) In case of a refunded transaction, for which commission has already been
paid to the Captain, Winds shall have the right in its sole discretion to deduct
the future commissions of such Captain to adjust the amount paid toward the
commission on the refunded transaction.,
5. CAPTAIN ROLES AND RESPONSIBILITIES
5.1. You hereby agree to Winds that:
a) You shall undertake all due diligence necessary for the purpose of
on-boarding the Referred Parties.
b) You shall explain and educate the Referred Parties with regard to the
operations of the Platform in order to help them get accustomed to the same.
c) You shall duly inform Winds in case any Referred Party has conducted any
fraudulent/ non-compliant activity, of which you have knowledge.
d) You undertake to pursue the Referred Parties when required, to assist
them in keeping their information on the Platform up to date.
e) You shall not act as a representative of the Platform or Winds and shall
always act as an independent contractor.
f) You shall not bind or assume any liability on behalf of Winds.
g) You shall ensure that the Referred Parties provide accurate, up to date,
and correct information while registering on the Platform;
h) You shall not take undue advantage/ benefits from the Referred Parties or
other registered Patrons, Captains or Partners or any market competitor of
Winds;
i) You shall always be compliant with the applicable law;
j) You shall not deceive, mislead, threaten or coerce any person in order to
get them to register on the Platform.
6. PAYMENTS AND SECURITY
6.1. The Captain agrees and understands that all payments from the Patrons
must be received through Platform using the payment gateway service provider
(“Payment Processor”) made available on the Platform by Winds.
6.2. The Captain shall not share his/ her personal sensitive information
like credit/ debit card number, CVV, OTP, card expiry date, user IDs, passwords,
etc with any person including the agents, employees or representatives of Winds
nor shall the Captain share any such information of a Referred Party that he may
have access to. The Captain shall immediately notify Winds if such details are
demanded by any of its agents, employees or representatives. Winds shall not be
liable for any loss that the Captain incurs for sharing the aforesaid details.
6.3. Winds or its affiliates or any of its representatives will never ask
for sensitive information like user ID, PIN, Internet banking passwords, CVV
Number, OTP etc through phone/ SMS/ email/ or any other method of communication.
We request you to not share or respond/ provide any such details to anyone.
6.4. From time to time, there will be circumstances where Winds does not
receive valid, complete and/or otherwise sufficient data relating to
transactions made through the Platform. All such payments shall be handled by
the Payment Processor rather than Winds. Under no circumstances shall Winds be
responsible for Payment Processor’s errors, omissions, negligence, reckless or
intentional acts, privacy or publicity rights, violations and/or security
breaches, including with respect to any notification obligations related
thereto.
6.5. All commissions due to the Captain from Winds shall be subject to
applicable taxes. The Captains shall be responsible to ensure their KYC
obligation to Winds is fulfilled in order for Winds to be able to remit the
commission to the Captains registered bank account.
6.6. It is hereby clarified that for availing any benefits on the Platform,
all transactions must be undertaken through the “Pay Now” feature provided on
the Platform through the Payment Processors service. Any transaction occurring
in cash or kind or through any means outside of the Platform, except as covered
herein, shall not be deemed eligible for any benefits on the Platform.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Winds grants you a limited, personal, non-transferable, non-exclusive,
revocable license to access and use the Platform pursuant to this Agreement and
to any additional terms and policies set forth by Winds. All Intellectual
Property Rights (including all copyright, patents, trade marks, service marks,
trade names, designs – including the “look and feel” and other visual or
non-literal elements, whether registered or unregistered) in the Platform and
Service, (subject to the title and ownership rights as mentioned below)
information content on the Platform or accessed as part of the Service, any
database operated by us and all design, text, graphics, software, photos,
videos, music, sound and their selection and arrangement, and all software
compilations, underlying source code and software (including applets and
scripts) shall remain our property (or that of our licensors). You shall not,
and shall not attempt to, obtain any title to any such intellectual property.
All rights reserves.
7.2. None of the material listed in this clause may be reproduced or
redistributed or copied, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, sold, rented or sub-licensed, used
to create derivative works, or in any way exploited without our prior express
written permission. You may, however, retrieve and display the content of the
Platform on a mobile device for your own personal, non-commercial use. You may
not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Platform without our permission.
7.3. “WINDS”, the Winds Logos and any variations thereof found on the
Platform are trademarks owned by Winds and all use of these marks inures to the
benefit of Winds only. All rights (including goodwill and where relevant, trade
marks) in the Winds name are owned by us (or our licensors). Other product and
company names mentioned on the Platform are trademarks or registered trade marks
of their respective owners.
7.4. The title, Ownership Rights and Intellectual Property Rights in and to
the content accessed using the Service is the property of the applicable content
owner and may be protected by applicable copyright or other law. The Agreement
gives you no right to such content.
7.5. Subject to the Clause below, any material you transmit or post or
submit to the Platform (or otherwise to us) shall be considered (and we may
treat it as) non-confidential and non-proprietary, subject to our obligations
under the data protection legislations or such legislation that provides for
protection of electronic data under Indian laws. If for some reason, any part of
that statement does not work as a matter of law, then for anything which you
supply to use from whatever source, you grant us a royalty-free, perpetual,
irrevocable, non-exclusive right to use, copy, modify, adapt, translate, public
and distribute world-wide any such material.
7.6. All comments, suggestions, ideas, notes, drawings, concepts or other
information: (i) disclosed or offered to us by you; or (ii) in response to
solicitations by us regarding the Service or the Platform; (in each foregoing
case, these are called "Ideas") shall be deemed to be and shall remain our
property and you hereby assign by way of present and future assignment all
intellectual property rights in Ideas, to us. You understand and acknowledge
that we have both internal resources and other external resources that may have
developed or may in the future develop ideas identical to or similar to Ideas
and that we are only willing to consider Ideas on these terms. In any event, any
Ideas are not submitted in confidence and we assume no obligation, express or
implied by considering it. Without limitation, we shall exclusively own all now
known or hereafter existing rights to the Ideas of every kind and nature
throughout the world and shall be entitled to unrestricted use of the Ideas for
any purpose whatsoever, commercial or otherwise without compensation to the
provider of the Ideas.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
8.1. The Captain expressly agrees that use of the Platform is at the
Captain’s sole risk. Neither Winds, its affiliates, business associates nor any
of their respective employees, agents, and Captains warrant that use of the
Platform will be uninterrupted or error-free; nor do they make any warranty as
to (i) the results that may be obtained from use of this Platform, or (ii) the
accuracy, reliability or content of any information, service or merchandise
provided through the Platform; or (iii) reliability of the Payment Processors
services.
8.2. The Platform is made accessible on an “as is” basis without warranties
of any kind, either express or implied, including, but not limited to,
warranties of title or implied warranties of merchantability or fitness for a
particular purpose, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the laws applicable to
this Agreement.
8.3. We do not give any warranty that the Services or the Platform are free
from viruses or anything else which may have a harmful effect on any technology.
8.4. We reserve the right to change, modify substitute, suspend or remove
without notice any information or service from the Platform forming part of the
Service from time to time. Your access to the Platform and/ or the Services may
also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such
access as soon as we reasonably can. We assume no responsibility for
functionality, which is dependent on your browser or other third party software
to operate.
8.5. We reserve the right to block access to and/ or to edit or remove any
material, which in our reasonable opinion may give rise to a breach of this
Agreement.
8.6. This disclaimer of liability applies to any damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any
other cause of action. The Captain specifically acknowledges that Winds is not
liable for the defamatory, offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing rests entirely with the
Captain.
8.7. You understand that the Platform is a service provided by Winds in the
form an electronic marketplace and an intermediary. All listings on the Platform
are done by the Partners and Winds shall not be liable for any such listing.
Winds does not in any manner actively monitor the content on the Platform.
8.8. Winds shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any Transaction, on account of the cardholder’s act or omission.
8.9. Winds will have no liability with respect to the acts, omissions,
errors, representations, warranties, breaches or negligence on part of any user
on the Platform.
8.10. To the fullest extent permissible under applicable law, we limit our
liability. in particular, we shall not be liable for any damages that we cause
unintentionally and we shall not be liable to you for any actual, incidental,
indirect or consequential loss or damage howsoever caused, provided that nothing
in this Agreement will be interpreted so as to limit or exclude any liability
which may not be excluded or limited by law. For example, we shall not be liable
to you for any of the following types of damages, whether in contract, tort
(including negligence and strict liability) or otherwise (whether such loss or
damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of
actual or anticipated profits; (iii) loss of the use of money; (iv) loss of
anticipated savings; or (v) loss or corruption of, or damage to, data, devices,
systems, or programs. If you are dissatisfied with any portion of the Platform
or Services, or with any clause of these terms, as your sole and exclusive
remedy you may discontinue using the Platform. Although we will not be liable
for your losses caused by any unauthorized use of your Account, you may be
liable to others as well as to us if your Account is used in violation of the
terms and conditions of this Agreement. In no event will Wind’s total liability
arising out of or in connection with these terms or from the use of or inability
to use the Platform exceed the amount of commissions paid to you by us in the 3
(three) months preceding the event of liability. The exclusions and limitations
of damages set forth above are fundamental elements of the basis of the
relationship between Winds and you.
9. TERMINATION
9.1. Winds may terminate this Agreement at any time. Without limiting the
foregoing, Winds shall have the right to immediately terminate any passwords or
accounts of a Captain in the event of any conduct by the Captain which Winds, in
its sole discretion, considers being unacceptable, or in the event of any breach
by Captain of this Agreement.
9.2. One Captain can have only one Account with a unique e-mail ID and
unique phone number. If Winds has any suspicion or knowledge that any of its
Captains have created multiple Accounts with different e-mail addresses or phone
numbers (including but not limited to account creation by using false names or
providing misleading data for creating those Accounts or using disposable email
addresses or disposable phone numbers) to generate additional WSP or misuse or
take undue advantage of the benefits being provided on the Winds Platform, then
Winds may while reserving its rights to initiate civil and/ or criminal
proceedings against such Captain may also at its sole discretion terminate,
suspend, block, restrict, cancel the Account of such Captain and/ or disqualify
that Captain and any related Captains from availing the services ordered or
undue benefits availed through these Accounts.
9.3. All such provisions wherein the context so requires, including Clauses
on Intellectual Property Rights, Disclaimer of Warranty, Limitation of
Liability, Indemnification and Termination above will survive termination of
this Agreement.
9.4. Our right to terminate this Agreement shall not prejudice any other
right or remedy we may have in respect of any breach or any rights, obligations
or liabilities accrued prior to termination.
9.5. A Captain may opt to terminate their Account on the Platform by
providing a written notice to Winds, provided that no such termination shall be
valid for a period of 3 (three) years from the date of creation of the Account.
A Senior Captain may be eligible to seek a refund of their security deposit from
Winds where the Senior Captain has opted to terminate the Account, provided that
Winds may in its sole discretion choose to not refund the security deposit in
case such Captain:
a) Has not referred at least 3 Senior Captains; or
b) Has not referred at least 20 Partners and 100 Patrons; or
c) Has not earned at least Rs 10,000/- amounts through commission; or
d) Has committed a breach of the provisions of these Terms.
10. THIRD PARTY CONTENT
10.1. Winds, similar to an Internet Service Provider, is a distributor (and
not a publisher) of content supplied by Patrons and Partners. Accordingly, Winds
does not have editorial control over such content. Any opinions, advice,
statements, services, offers, or other information or content expressed or made
available by third parties, including Patrons, or Partners are those of the
respective author(s) or distributors and not of Winds.
10.2. Neither Winds nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose (refer to the Clause for
‘Disclaimer of Warranty, Limitation of Liability’ above for the complete
provisions governing limitation of liabilities and disclaimers of warranty).
10.3. Under no circumstances will Winds be liable for any loss or damage
caused by Captain’s reliance on information obtained through the Platform. It is
the responsibility of Captain to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice, etc. or other content available
through the Platform.
10.4. Unless you have executed a written agreement with Winds expressly
permitting you to do so, you may not provide a hyperlink to the Platform from
any website. Winds reserves the right to revoke its consent to any link at any
time in its sole discretion.
11. FORCE MAJEURE
11.1. Without prejudice to any other provision herein, Winds shall not be
liable for any loss, damage or penalty as a result of any delay in or failure to
deliver or otherwise perform hereunder due to any cause beyond Wind’s control,
including, without limitation, acts of the users on the Platform, embargo or
other Governmental act, regulation or request affecting the conduct of Wind’s
business, fire, explosion, accident, theft, vandalism, riot, acts of war,
strikes or other labor difficulties, lightning, flood, windstorm or other acts
of God.
12. OUR PRIVACY POLICY
12.1. By creating an Account and participating in the Platform, you agree
that Winds may access information about you and the actions you take, such as
videos you watch, surveys to which you respond, items you buy, and other
relevant information. In addition, as applicable, you agree that Winds may
access your device’s camera, location tags and other information and that Winds,
its agents, employees or representatives, may review submissions made by you and
your device. Winds Platform is operated in and is intended for use for people
within the territory of Republic of India only. If you create an Account and are
a Captain on the Platform, your information will be stored and processed in
India, and you specifically consent to Wind’s storage and processing of the
personal data you submit. You may access your information and confirm its
correctness and use the Platform in accordance with the Privacy Policy of the
Platform.
13. ASSIGNMENT
13.1. We reserve the right to assign or transfer our rights and obligations
under this Agreement. These terms are personal to you and as a result, you may
not, without the written consent of Winds, assign or transfer any of your rights
and obligations under this Agreement. There shall be no third-party
beneficiaries to this Agreement.
14. INDEMNIFICATION
14.1. You agree to defend, indemnify and hold harmless Winds, its
affiliates, officers, directors, employees and agents from and against any and
all claims, damages, obligations, losses, liabilities, costs or expenses
(including but not limited to attorney’s fees) arising from: (i) your use of and
access to the Platform and/or Services; (ii) your violation of any term of this
Agreement; (iii) your violation of any third-party right, including without
limitation any intellectual property rights, property, privacy or
confidentiality right; or (iv) any non-compliance or contravention of laws
applicable to your actions related to referrals. This defence and
indemnification obligation will survive this Agreement and your use of the
Platform.
15. GOVERNING LAW AND DISPUTES
15.1. By using the Platform and Services you exclusive agree that, without
regard to the principles of conflict of laws, the laws of India shall govern
these Terms, your use of the Platform and Services and any dispute of any sort
that may arise between you and Winds.
15.2. If a dispute arises between you and Winds, our goal is to provide you
a neutral and cost effective means of resolving the dispute quickly. To that
end, you agree to first contact Winds customer support via the contact
information made available on the Platform and seek resolution. If that does not
resolve the issue, then you and Winds agree that any dispute or claim relating
to your use of the Platform or Services through the Platform, will be resolved
through binding arbitration in accordance with the Arbitration and Conciliation
Act, 1996 as amended from time to time. The arbitration shall be conducted by a
sole arbitrator appointed with mutual consent of the you and Winds. The language
of arbitration shall be English. The venue of arbitration shall be Lucknow,
Uttar Pradesh. The arbitral award rendered under such arbitration shall be final
and binding upon Winds and you.
16. SEVERABILITY & WAIVER
16.1. In the event that any term of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of these terms
shall remain valid and enforceable. We can replace any term which is not valid
and enforceable with a term of similar meaning which is valid and enforceable.
16.2. Any failure by us to enforce any of the terms of this Agreement shall
not affect our right to require performance at any subsequent time, nor shall
the waiver by us of any breach by you of any provisions of these terms be taken
to be a waiver of the provision or provisions itself.
17. ENTIRE AGREEMENT
17.1. This Terms of Use, along with the Privacy Policy, Lucky Draw Terms and
Conditions and other guidelines, notices or rules that are separately posted for
particular service on the Platform, contains the entire Agreement between you
and Winds regarding your use of the Platform.
18. RELATIONSHIP OF PARTIES
18.1. Nothing in this Agreement shall be construed as creating a
relationship of partnership, joint venture, agency or employment between you and
Winds. The Agreement is on principal to principal basis. Winds shall not
responsible for any acts/ representation or commission/ omission done by you and
neither Party shall have any power or authority to represent, bind or assume any
obligation on behalf of the other.
19. GRIEVANCE REDRESSAL OFFICER
19.1. In the event of any violation by any user of the Platform with respect
to the content being obscene, menacing, grossly offensive, infringing
intellectual property, or otherwise gross violation of these Terms of Use or
contravention of the laws, you may provide your concerns in writing to us at:
Name: Aris Naiem
Email: grievance@winds.co.in
19.2. Additionally, you may also contact us via the address given below.
When something gets reported to Winds, we review it and remove anything that
goes against the Agreement. We don’t include any information about the person
who filed the report when we contact the reported persons. However, please note
that reporting something to us does not guarantee that it will be removed as we
be legally bound to retain certain things.
20. CONTACT US
20.1. If you have any questions or comments, or would like to discuss your
Account with our Customer Support staff, please contact us at the details below:
Name – M/s Winds E Private Limited
Address - 235, Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar,
Bengaluru, Karnataka 560082, India
Toll Free Number – 1800 103 1032
Email – support@winds.co.in
1. ACCEPTANCE OF TERMS AND CONDITIONSc
1.1. By using the Winds – Patron mobile application (the “Platform”), you, the
customer (“you”, “your”, or the “Patron” in this document) unconditionally agree
to the terms and conditions that we, M/s Winds E Pvt Ltd, listed in the class of Private company and classified as Non-govt company. This company is registered at Registrar of Companies(ROC) having its Corporate Office at 2nd & 3rd Floor, 235, Suraj Centre, 27th Cross, Corporation Ward 59, Yediyur, Jayanagar, Bengaluru Karnataka 560082,
India (“Winds”, “we”, “us” or “our” in this document) have provided herein for
the use of the Winds Platform owned and maintained by us. All interactions on
the Winds Platform must comply with these Terms of Use. If you do not wish to
agree to the outlined terms and conditions herein (the “Terms of Use” in this
document), please refrain from using the Winds Platform.
1.2. For the purpose of these Terms of Use, wherever the context so requires,
“you” or “Patron” shall mean any natural or legal person who has agreed to
become a buyer on the Platform by providing Registration Data while registering
on the Platform as Registered Patron using any computer systems or mobile
devices. We allow the Patron to surf the Platform without registration.
1.3. Please read these Terms of Use carefully, by browsing, accessing or using
the Platform or by using any facilities or services made available through or on
it, you are agreeing to the Terms of Use that appear below (all of which are
called “Agreement”). This Agreement is made between you and us. Use of the
Platform and any purchases made thereto are each subject to the Terms of Use set
out in this Agreement.
1.4. We at all times reserve the right to amend these Terms of Use. All
amendments and changes to these Terms of Use will be available online. Such
changes may include, among other things, addition of certain fees or charges. We
suggest you, therefore, that you re-read this important notice containing out
Terms of Use and Privacy Policy from time to time so that you remain informed as
to any such changes. If we make changes to our Terms of Use and Privacy Policy
and you continue to use our Platform, you are deemed to have implicitly agreed
to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any
such deletions or modification shall be effective immediately upon Winds posting
thereof. Continued use of any of the services provided via the Platform
including information services, content and transaction capabilities on the
Platform, including the ability to make purchases/ payments (all of which are
called “Services” in this document) will be deemed to constitute acceptance of
the new terms and conditions. We may immediately terminate these Terms of Use or
any Services with respect to you, or generally cease offering or deny access to
the Services or any portion thereof, at any time for any reason.
1.5. Unless otherwise notified by you to Winds, by using the Platform, you agree
that Winds may provide you with any communication associated with the Services
including payment notifications through telephonic calls, SMS, WhatsApp, E-Mail
and other such similar communication services.
2. GENERAL
2.1. Patron Accounts. In order to use most aspects of the Services, you must
register for and maintain an active personal account (“Account”). You must be at
least 18 years of age to obtain an Account or to use the Platform without
creation of the Account as well. Account registration requires you to submit to
Winds certain personal information, such as your name, address, mobile phone
number, as well as at least one valid payment method (either credit card/ debit
card or any other acceptable payment partner) at the time of making payment and
a validated bank account (for the purpose of participating in the Lucky Draw).
You agree to maintain in bona fide accurate, complete and up-to-date information
in your Account. Your failure to maintain accurate, complete and up-to-date
Account information, including having an invalid or expired payment method on
file, may result in your inability to access and use the Services or Wind’s
termination of these Terms of Use with you. You are responsible for all and any
activities that occur under your Account and you agree to maintain the security
and secrecy of your Account username and password at all times. Unless otherwise
permitted by Winds in writing, you may only possess one Account. You shall not
use the Winds Platform for any illegal or fraudulent purposes barred by law or
in general including creation of multiple accounts. Any such illegal or
fraudulent use may render you liable under civil and/or criminal action along
with quasi-judicial enquiry, if any, including but not limited to equitable
remedies, injunctions, etc. and all other remedies available at the recourse of
Winds Platform. Winds also reserves the right to disable your use or cancel your
Account for any illegitimate and/ or fraudulent usage or purchases.
2.2. Territory. The Platform and the Services and any purchases are directed
solely to those who access the Platform from the Republic of India. Winds makes
no representation that Services (or any goods or services) are available or
otherwise suitable for use outside the Republic of India. If you choose to
access the Platform (or use the Services or make a purchase) from a location
outside the Republic of India, you do so on your own initiative and are
responsible for the consequences thereof.
2.3. Platform. Winds provides an interactive online service owned and operated
by Winds through its Platform, consisting of information services, content and
transaction capabilities provided by various online and offline vendors with
whom it has business relationships (“Partners”).
2.4. Right to Transfer. The right to use the Platform is personal to the Patron
and is not transferable to any other person or entity. The Patron shall be
responsible for protecting the confidentiality of Patron’s passwords, if any.
The Patron understands and acknowledges that, although the Internet is often a
secure environment, sometimes there are interruptions in service or events that
are beyond the control of Winds, and Winds shall not be held responsible for any
data lost or misused by a third party while transmitting information on the
Internet in any manner whatsoever.
2.5. Not on Uninterrupted Basis. While it is Wind’s objective to make the
Platform accessible at all times, the Platform may be unavailable from time to
time for any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and outside of
the control of Winds, access to the Platform may be interrupted, suspended or
terminated from time to time. Winds reserves the right, in its sole discretion,
to terminate the access to any or all Winds services or any portion thereof, at
any time, without notice. Winds shall also have the right at any time to change
or discontinue any aspect or feature of the Platform, including but not limited
to, content, graphics, offers, settings, hours of availability, and equipment
needed for access or use. Further, Winds may discontinue disseminating any
portion of information or category of information, may change or eliminate any
transmission method, and may change transmission speeds or other signal
characteristics.
3. PATRON CONDUCT
3.1. Restrictions. The Patron undertakes without limitation, not to use or
permit anyone else to use the Services or the Platform:
a) To upload, send or receive any information for which you have not obtained
all necessary licenses and/or approvals (from us or third parties); or which
constitutes or encourages conduct that would be considered a criminal offence,
gives rise to a civil liability or otherwise be contrary to the law of or
infringes the rights of any third party in any country in the world;
b) To upload, send, or receive any material which is technically harmful
(including computer viruses, logic bombs, trojan horses, worms, harmful
components, corrupted data, malicious software, harmful data, or anything else
which may interrupt, interfere with, corrupt or otherwise cause loss, damage,
destruction or limitation to the functionality of any software or computer
equipment);
c) To intercept or attempt to intercept any communications transmitted by way of
telecommunication system for a purpose other than for which we have designed
them or intended them to be used; or for any fraudulent purposes; or in any way
which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or
entity;
d) To upload, send or receive any material which is not civil or tasteful;
e) To upload, send or receive any material, including Patron Content, which is
unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist,
homophobic, infringing, pornographic, violent, misleading, grossly offensive, of
an indecent, obscene or menacing character, blasphemous or defamatory or of a
libelous nature of any person or entity, in contempt of Court or in breach of
confidence, or which infringes the rights of another person or entity, including
copyrights, trademarks, trade secrets, patents, rights of personality, publicity
or privacy or any other third party rights; or
f) To cause annoyance, inconvenience or needless anxiety.
3.2. Forbidden Uses. The following uses of the Platform are expressly prohibited
and you undertake not to do (or to permit anyone else to do) any of the
following:
a) Resell the Services or the Platform;
b) Furnish false data including false names, addresses and contact details and
fraudulent use or credit/ debit card numbers or net banking or any other mode of
payment;
c) Attempt to circumvent our security or network including but not limited to
accessing data not intended for you, logging into a server or Account you are
not expressly authorized in writing to access, or probe the security of other
networks (such as running a port scan);
d) Access the Services or Platform in such a way as to, or commit any act that
would or does, impose an unreasonable or disproportionately large burden on our
infrastructure or that otherwise interrupts or interferes with its
functionality, efficiency or operation;
e) Execute any form of network monitoring which will intercept data not intended
for you;
f) Entering into fraudulent interactions or transactions with a Partner on the
Platform;
g) Use the Services or Platform in breach of this Agreement;
h) Use in an unauthorized manner, or forge or mail header information;
i) Engage in any unlawful or criminal activity in connection with the use of the
Services and/or Platform;
j) Copy or use any Patron Content for any commercial purposes;
k) Engage in any frivolous act that hampers the goodwill and brand reputation of
Winds or its Platform in any manner whatsoever.
3.3. Any conduct by a Patron that in Winds’ exclusive discretion is in breach of
the Terms of Use or which restricts or inhibits other Patron from using or
enjoying the Platform is strictly prohibited. The Patron shall not use the
Platform to advertise or perform any commercial, religious, political or
non-commercial solicitation, including but not limited to, the solicitation of
users of the Platform to become users of other online or offline services
directly or indirectly competitive or potentially competitive with Winds.
3.4. Winds reserves the right to prevent you from using the Platform and to
prevent you from making any purchase, if your conduct is found to be in question
or in contravention of the terms of the Agreement.
4. TRADE OF PRODUCTS AND/OR SERVICE
4.1. Winds takes no responsibility for the services and/or products which are
listed by the Partners on the Platform. Further, Winds makes no warranty to the
Patron for the quality, safety, usability or any other aspect of the products or
services availed by the Patron from the any Partner on the Platform.
4.2. Winds disclaims any warranty or liability in relation to the Services/
Products which has been purchased through the Platform, for instance the
quality, merchantability, imperishable in nature, fit for human consumption,
etc.
4.3. You understand that the Platform is a service provided by Winds in the form
an electronic marketplace and an intermediary. All listings on the Platform are
done by the Partners and Winds shall not be liable for any such listing. Winds
does not in any manner actively monitor the content on the Platform. All Patrons
agree that their use of the Platform is subject to their own risk.
4.4. Regardless of which Services are accessed by you, Winds shall not be
responsible for any transaction that you make with the Partners, or attempt to
make, using the online-payment capability of the Platform.
5. PAYMENTS AND SECURITY
5.1. The Patron agrees and understands that all payments for the offline
Partners on the Platform shall be made through the payment gateway service
provider (“Payment Processor”) made available on the Platform by Winds.
5.2. The Patron shall not share his/ her personal sensitive information like
credit/ debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc
with any person including the agents, employees or representatives of Winds. The
Patron shall immediately notify Winds if such details are demanded by any of its
agents, employees or representatives. Winds shall not be liable for any loss
that the Patron incurs for sharing the aforesaid details.
5.3. Winds or its affiliates or any of its representatives will never ask for
sensitive information like user ID, PIN, Internet banking passwords, CVV Number,
OTP etc through phone/ SMS/ email/ or any other method of communication. We
request you to not share or respond/ provide any such details to anyone.
5.4. From time to time, there will be circumstances where Winds does not receive
valid, complete and/or otherwise sufficient data relating to transactions made
through the Platform. All such payments shall be handled by the Payment
Processor rather than Winds. Under no circumstances shall Winds be responsible
for Payment Processor’s errors, omissions, negligence, reckless or intentional
acts, privacy or publicity rights, violations and/or security breaches,
including with respect to any notification obligations related thereto.
5.5. It is hereby clarified that for availing any benefits on the Platform, all
transactions must be undertaken through the “Pay Now” feature provided on the
Platform through the Payment Processors service. Any transaction occurring in
cash or kind or through any means outside of the Platform, except as covered
herein, shall not be deemed eligible for any benefits on the Platform.
6. SERVICE FEE
6.1. Winds does not charge the Patrons with any amount for the Services provided
on the Platform. All such charges are borne by the Partners listed on the
Platform. Therefore, the Partners may charge you certain fee over and above the
actual cost of the goods, at their sole discretion. Winds is not liable to
reimburse you for any such additional cost/ fee.
7. REWARD POINTS
7.1. Winds offers reward points in the form of “WRP” or “Winds Reward Points” to
Patrons for making certain purchases on the Platform. You may earn WRPs in a
variety of ways as specified by Winds, such as purchasing items from the online
and offline Partners and other ways as indicated by Winds from time to time.
Winds reserves the right to change, add, or remove any award types and the
method by which the Patrons can earn and utilize WRP, for any reason and without
notice to you, in its sole discretion and at any time.
7.2. Offline Partners. For any purchases made by you from the offline Partners
on the Platform, you will be eligible to receive the applicable WRP only if you
make the payments to such offline Partner through the Platform using the Payment
Processors service.
7.3. Online Partners. For any purchases made by you from the online Partners on
the Platform, you will be eligible to receive the applicable WRP only if, at the
time of purchase, you had accessed the online Partners portal/ mobile
application through the links provided on the Platform. It is clarified that for
the WRP to be received, the online Partner must provide the required information
for tracking Patron purchase, either in writing or through operation of cookies
and other technologies, failing which we shall not be liable to credit any WRP
to your Account.
7.4. Certain transactions may not be eligible to receive WRPs. At Winds sole
discretion, entire transactions may be determined to be ineligible for WRP or
the award of only partial WRPs.
7.5. WRPs may not be awarded or used until a certain time period has expired
(for example, for returns associated with the participating Partner). This is
dependent upon the applicable internal policy of the respective Partner, and you
should review the same for more information or any concerns.. If you make a
return, the transaction is invalidated, disputed or does not settle for any
reason, then some or all pending WRP will be decremented from your Account, as
determined and at the sole discretion of Winds. If you make a return for cash,
store credit or credit to a different credit/ debit card, we shall still have
the discretion to decrement the WRP from your Account.
7.6. Once you have at least 5,000 WRP, the WRP shall automatically convert into
a lucky draw coupon and make you eligible to participate in the Lucky Draw
Events held by Winds. Please refer to the Terms and Conditions of the Lucky Draw
for more details. It is hereby understood and agreed by you that the WRP may
only be used/ redeemed for a lucky draw participation coupon. At no time shall
Winds be liable or you be entitled to, redeem the WRP for cash/ credit/ or any
other such monetary reward other than as specified herein above.
7.7. In case where the applicable WRP has been utilized toward a Lucky Draw, and
a refund of the transaction where such WRP were earned occurs, then Winds shall
be entitled to, in its sole discretion, to adjust such WRP against any future
transaction of the Patron.
8. REFERRAL PROGRAM
8.1. Winds allows its Patrons to earn through its referral program as well.
Where a Patron refers another Patron to Winds (“Referred User”), such Patron
shall be eligible to receive a maximum of 10% of the service charge that Winds
gets from the respective Partner for every purchase made by such Referred User
(“Referral Benefit”).
8.2. Notwithstanding the above, you shall not receive any such Referral Benefit
for the months in which you do not accumulate at least 5,000 WRP.
8.3. Winds may, in its sole discretion change the percentage commission that the
Patrons receive as Referral Benefits.
8.4. Winds may also, in its sole discretion, not provide any Referral Benefit to
specific Patrons or for specific Referred Users or for any particular Partners
with whom the Referred Users transacted.
9. REFUNDS
9.1. In the rare circumstances where the payment has been made by the Patron
through the Platform and not received by the Partner shall be dealt with in
accordance with the applicable law. The Patron shall notify Winds immediately
upon occurrence of such event. In case of any applicable refund, the Patron
shall be completely responsible for all charges, fees, duties, taxes and
assessments arising out of the use of the service, as per the applicable laws.
9.2. It is clarified that in case of any default in the banking channel of the
Patron or the Partner or the Payment Processor, Winds shall be not held liable
or responsible in any manner whatsoever for any losses, claims, liabilities,
damages, etc. to anyone.
9.3. In no event shall Winds be obligated to refund any amount paid by you
through the Platform. The policy of refund shall entirely depend and governed by
the refund policy of the offline or online Partners, as the case may be. In case
of refund, the WRP issued by Winds with respect to the refunded purchase, shall
be withdrawn by Winds, at its sole discretion.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Winds grants you a limited, personal, non-transferable, non-exclusive,
revocable license to access and use the Platform pursuant to this Agreement and
to any additional terms and policies set forth by Winds. All Intellectual
Property Rights (including all copyright, patents, trade marks, service marks,
trad enames, designs – including the “look and feel” and other visual or
non-literal elements, whether registered or unregistered) in the Platform and
Service, (subject to the title and ownership rights as mentioned below)
information content on the Platform or accessed as part of the Service, any
database operated by us and all design, text, graphics, software, photos,
videos, music, sound and their selection and arrangement, and all software
compilations, underlying source code and software (including applets and
scripts) shall remain our property (or that of our licensors). You shall not,
and shall not attempt to, obtain any title to any such intellectual property.
All rights reserves.
10.2. None of the material listed in this clause may be reproduced or
redistributed or copied, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, sold, rented or sub-licensed, used
to create derivative works, or in any way exploited without our prior express
written permission. You may, however, retrieve and display the content of the
Platform on a mobile device for your own personal, non-commercial use. You may
not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Platform without our permission.
10.3. “WINDS”, the Winds Logos and any variations thereof found on the Platform
are trademarks owned by Winds and all use of these marks inures to the benefit
of Winds only. All rights (including goodwill and where relevant, trade marks)
in the Winds name are owned by us (or our licensors). Other product and company
names mentioned on the Platform are trademarks or registered trade marks of
their respective owners.
10.4. The title, Ownership Rights and Intellectual Property Rights in and to the
content accessed using the Service is the property of the applicable content
owner or Partner and may be protected by applicable copyright or other law. The
Agreement gives you no right to such content.
10.5. Subject to the Clause below, any material you transmit or post or submit
to the Platform (or otherwise to us) shall be considered (and we may treat it
as) non-confidential and non-proprietary, subject to our obligations under the
data protection legislations or such legislation that provides for protection of
electronic data under Indian laws. If for some reason, any part of that
statement does not work as a matter of law, then for anything which you supply
to use from whatever source, you grant us a royalty-free, perpetual,
irrevocable, non-exclusive right to use, copy, modify, adapt, translate, public
and distribute world-wide any such material.
10.6. All comments, suggestions, ideas, notes, drawings, concepts or other
information: (i) disclosed or offered to us by you; or (ii) in response to
solicitations by us regarding the Service or the Platform; (in each foregoing
case, these are called "Ideas") shall be deemed to be and shall remain our
property and you hereby assign by way of present and future assignment all
intellectual property rights in Ideas, to us. You understand and acknowledge
that we have both internal resources and other external resources that may have
developed or may in the future develop ideas identical to or similar to Ideas
and that we are only willing to consider Ideas on these terms. In any event, any
Ideas are not submitted in confidence and we assume no obligation, express or
implied by considering it. Without limitation, we shall exclusively own all now
known or hereafter existing rights to the Ideas of every kind and nature
throughout the world and shall be entitled to unrestricted use of the Ideas for
any purpose whatsoever, commercial or otherwise without compensation to the
provider of the Ideas.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
11.1. The Patron expressly agrees that use of the Platform is at the Patron’s
sole risk. Neither Winds, its affiliates, business associates nor any of their
respective employees, agents, and Partners warrant that use of the Platform will
be uninterrupted or error-free; nor do they make any warranty as to (i) the
results that may be obtained from use of this Platform, or (ii) the accuracy,
reliability or content of any information, service or merchandise provided
through the Platform.
11.2. The Platform is made accessible on an “as is” basis without warranties of
any kind, either express or implied, including, but not limited to, warranties
of title or implied warranties of merchantability or fitness for a particular
purpose, other than those warranties which are implied by and incapable of
exclusion, restriction or modification under the laws applicable to this
Agreement.
11.3. We do not give any warranty that the Services or the Platform are free
from viruses or anything else which may have a harmful effect on any technology.
11.4. We reserve the right to change, modify substitute, suspend or remove
without notice any information or service from the Platform forming part of the
Service from time to time. Your access to the Platform and/ or the Services may
also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such
access as soon as we reasonably can. We assume no responsibility for
functionality, which is dependent on your browser or other third party software
to operate.
11.5. We reserve the right to block access to and/ or to edit or remove any
material, which in our reasonable opinion may give rise to a breach of this
Agreement.
11.6. This disclaimer of liability applies to any damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any
other cause of action. The Patron specifically acknowledges that Winds is not
liable for the defamatory, offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing rests entirely with the
Patron.
11.7. Winds shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any Transaction, on account of the cardholder having exceeded the preset limit
mutually agreed by us with our associated banking partners from time to time.
11.8. Any issues or concerns faced by the Patron at the time of availing any
services/ products from the Partners shall be the sole responsibility of the
respective Partner. Winds will have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or negligence on part
of any Partner.
11.9. Unless explicitly committed by Winds, as part of any Service:
a) Winds assumes no liability for the standard of service as provided by the
respective Partner;
b) Winds provides no guarantee with regard to their quality or fitness as
represented by the Partner;
c) Winds doesn’t guarantee the availability of any services as listed by the
Partner.
11.10. To the fullest extent permissible under applicable law, we limit our
liability. in particular, we shall not be liable for any damages that we cause
unintentionally and we shall not be liable to you for any actual, incidental,
indirect or consequential loss or damage howsoever caused, provided that nothing
in this Agreement will be interpreted so as to limit or exclude any liability
which may not be excluded or limited by law. For example, we shall not be liable
to you for any of the following types of damages, whether in contract, tort
(including negligence and strict liability) or otherwise (whether such loss or
damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of
actual or anticipated profits; (iii) loss of the use of money; (iv) loss of
anticipated savings; or (v) loss or corruption of, or damage to, data, devices,
systems, or programs. If you are dissatisfied with any portion of the Platform
or Services, or with any clause of these terms, as your sole and exclusive
remedy you may discontinue using the Platform. Although we will not be liable
for your losses caused by any unauthorized use of your Account, you may be
liable to others as well as to us if your Account is used in violation of the
terms and conditions of this Agreement. In no event will Wind’s total liability
arising out of or in connection with these terms or from the use of or inability
to use the Platform exceed Rupees 1000 Rupees Thousand Only). The exclusions and
limitations of damages set forth above are fundamental elements of the basis of
the relationship between Winds and you.
12. TERMINATION
12.1. Winds may terminate this Agreement at any time. Without limiting the
foregoing, Winds shall have the right to immediately terminate any passwords or
accounts of a Patron in the event of any conduct by the Patron which Winds, in
its sole discretion, considers being unacceptable, or in the event of any breach
by Patron of this Agreement.
12.2. One Patron can have only one Account with a unique e-mail ID and unique
phone number. If Winds has any suspicion or knowledge that any of its Patrons
have created multiple Accounts with different e-mail addresses or phone numbers
(including but not limited to account creation by using false names or providing
misleading data for creating those Accounts or using disposable email addresses
or disposable phone numbers) to generate additional WRP or misuse or take undue
advantage of the benefits being provided on the Winds Platform, then Winds may
while reserving its rights to initiate civil and/ or criminal proceedings
against such Patron may also at its sole discretion terminate, suspend, block,
restrict, cancel the Account of such Patron and/ or disqualify that Patron and
any related Patrons from availing the services ordered or undue benefits availed
through these Accounts.
12.3. All such provisions wherein the context so requires, including Clauses on
Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability,
Indemnification and Termination above will survive termination of this
Agreement.
12.4. Our right to terminate this Agreement shall not prejudice any other right
or remedy we may have in respect of any breach or any rights, obligations or
liabilities accrued prior to termination.
13. THIRD PARTY CONTENT
13.1. Winds, similar to an Internet Service Provider, is a distributor (and not
a publisher) of content supplied by Partners and Patrons. Accordingly, Winds
does not have editorial control over such content. Any opinions, advice,
statements, services, offers, or other information or content expressed or made
available by third parties, including Partners, or any other Patrons are those
of the respective author(s) or distributors and not of Winds.
13.2. Neither Winds nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose (refer to the Clause for ‘Disclaimer of
Warranty, Limitation of Liability’ above for the complete provisions governing
limitation of liabilities and disclaimers of warranty).
13.3. Under no circumstances will Winds be liable for any loss or damage caused
by Patron’s reliance on information obtained through the Platform. It is the
responsibility of Patron to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice, etc. or other content available through the
Platform.
13.4. The Platform contains links to third-party websites maintained by other
content providers. These links are provided solely as a convenience to you and
not as an endorsement by Winds of the contents on such third-party websites and
Winds hereby expressly disclaims any representations regarding the content or
accuracy of materials on such third-party websites. If the Patron decides to
access linked third-party websites, the Patron does so at his/ her own risk.
13.5. Unless you have executed a written agreement with Winds expressly
permitting you to do so, you may not provide a hyperlink to the Platform from
any website. Winds reserves the right to revoke its consent to any link at any
time in its sole discretion.
13.6. Winds may place advertisements in different locations on the Platform and
at different points during use of the Platform. These locations and points may
change from time to time at the sole discretion of Winds.
13.7. You are free to select or click on advertised goods and services or not as
you seem fit. Winds is not responsible for the merchantability, quality or other
aspects of the advertised goods and services and does not in any manner endorse
such advertised goods and services.
14. FORCE MAJEURE
14.1. Without prejudice to any other provision herein, Winds shall not be liable
for any loss, damage or penalty as a result of any delay in or failure to
deliver or otherwise perform hereunder due to any cause beyond Wind’s control,
including, without limitation, acts of the Patron, embargo or other Governmental
act, regulation or request affecting the conduct of Wind’s business, fire,
explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor
difficulties, lightning, flood, windstorm or other acts of God.
15. OUR PRIVACY POLICY
15.1. By creating an Account and participating in the Platform, you agree that
Winds may access information about you and the actions you take, such as videos
you watch, surveys to which you respond, items you buy, and other relevant
information. In addition, as applicable, you agree that Winds may access your
device’s camera and that Winds, its agents, employees or representatives, may
review submissions made by you and your device. Winds Platform is operated in
and is intended for use for people within the territory of Republic of India
only. If you create an Account and are a Patron on the Platform, your
information will be stored and processed in India, and you specifically consent
to Wind’s storage and processing of the personal data you submit. You may access
your information and confirm its correctness and use the Platform in accordance
with the Privacy Policy of the Platform.
16. ASSIGNMENT
16.1. We reserve the right to assign or transfer our rights and obligations
under this Agreement. These terms are personal to you and as a result, you may
not, without the written consent of Winds, assign or transfer any of your rights
and obligations under this Agreement. There shall be no third-party
beneficiaries to this Agreement.
17. INDEMNIFICATION
17.1. You agree to defend, indemnify and hold harmless Winds, its affiliates,
officers, directors, employees and agents from and against any and all claims,
damages, obligations, losses, liabilities, costs or expenses (including but not
limited to attorney’s fees) arising from: (i) your use of and access to the
Platform and/or Services; (ii) your violation of any term of this Agreement;
(iii) your violation of any third-party right, including without limitation any
copyright, property, privacy or confidentiality right; or (iv) any claim that
your Patron Content caused damage to a third party. This defence and
indemnification obligation will survive this Agreement and your use of the
Platform.
17.2. The Platform may include descriptions and potential availability of
products available for purchase from the Partners. Winds cannot control these
Partners actions (as they are third parties) and therefore quantity, selection,
and price may vary by store location and online. Winds may, from time to time,
provide opportunities to Patrons to use or purchase services from Partners.
Websites and platforms of those Partners are subject to terms and conditions
different from those applicable to the Platform, and it is your responsibility
to ensure that you have read and understood them. Winds makes no warranty
concerning, is not responsible for and does not endorse any third party provided
goods or services, and you agree that any recourse for dissatisfaction or
problems with those goods or services will be sought from the respective Partner
and not from Winds.
18. GOVERNING LAW AND DISPUTES
18.1. By using the Platform and Services you exclusive agree that, without
regard to the principles of conflict of laws, the laws of India shall govern
these Terms, your use of the Platform and Services and any dispute of any sort
that may arise between you and Winds.
18.2. If a dispute arises between you and Winds, our goal is to provide you a
neutral and cost effective means of resolving the dispute quickly. To that end,
you agree to first contact Winds customer support via the contact information
made available on the Platform and seek resolution. If that does not resolve the
issue, then you and Winds agree that any dispute or claim relating to your use
of the Platform or Services through the Platform, will be resolved through
binding arbitration in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be conducted by a sole
arbitrator appointed with mutual consent of the you and Winds. The language of
arbitration shall be English. The venue of arbitration shall be Lucknow, Uttar
Pradesh. The arbitral award rendered under such arbitration shall be final and
binding upon Winds and you.
19. TAKE DOWN POLICY
19.1. We do not and cannot verify if the Partners have the right or ability to
sell or distribute their listed products or services or if the Partners listed
on the Platform have provided accurate/ correct information regarding their
location, name, category of goods or any other such information. However, we are
committed to removing any infringing or unlicensed product or service once an
authorized representative of the rights owner properly reports them to us. We
sincerely want to ensure that item listings do not infringe upon the copyright,
trademark or other intellectual property rights of third parties. Any person or
company who holds intellectual property rights (such as a copyright, trademark
or patent) that may be infringed upon by listings on Winds is encouraged to
report the same to our Legal Team.
20. SEVERABILITY & WAIVER
20.1. In the event that any term of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of these terms
shall remain valid and enforceable. We can replace any term which is not valid
and enforceable with a term of similar meaning which is valid and enforceable.
20.2. Any failure by us to enforce any of the terms of this Agreement shall not
affect our right to require performance at any subsequent time, nor shall the
waiver by us of any breach by you of any provisions of these terms be taken to
be a waiver of the provision or provisions itself.
21. ENTIRE AGREEMENT
21.1. This Terms of Use, along with the Privacy Policy, Lucky Draw Terms and
Conditions and other guidelines, notices or rules that are separately posted for
particular service on the Platform, contains the entire Agreement between you
and Winds regarding your use of the Platform.
22. GRIEVANCE REDRESSAL OFFICER
22.1. In the event of any violation by any user of the Platform with respect to
the content being obscene, menacing, grossly offensive, infringing intellectual
property, or otherwise gross violation of these Terms of Use or contravention of
the laws, you may provide your concerns in writing to us at:
Name: Aris Naiem
Email: grievance@winds.co.in
22.2. Additionally, you may also contact us via the address given below. When
something gets reported to Winds, we review it and remove anything that goes
against the Agreement. We don’t include any information about the person who
filed the report when we contact the reported persons. However, please note that
reporting something to us does not guarantee that it will be removed as we be
legally bound to retain certain things.
23. CONTACT US
23.1. If you have any questions or comments, or would like to discuss your
Account with our Customer Support staff, please contact us at the details below:
Name – M/s Winds E Private Limited
Address - 235, Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar,
Bengaluru, Karnataka 560082, India
Toll Free Number – 1800 103 1032
Email – support@winds.co.in
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1. By using the Winds – Partner mobile application (the “Platform”), you,
the customer (“you”, “your”, or the “Partner” in this document) unconditionally
agree to the terms and conditions that we, M/s Winds E Private Limited, a partnership firm
under the Indian Partnership Act, 1932, having its corporate office at 235,
Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar, Bengaluru,
Karnataka 560082, India. (“Winds”, “we”, “us” or “our” in this document) have
provided herein for the use of the Winds Platform owned and maintained by us.
All interactions on the Winds Platform must comply with these Terms of Use. If
you do not wish to agree to the outlined terms and conditions herein (the “Terms
of Use” in this document), please refrain from using the Winds Platform.
1.2. For the purpose of these Terms of Use, wherever the context so
requires, “you” or “Partner” shall mean any natural or legal person who has
agreed to become a vendor/ seller on the Platform by providing Registration Data
while registering on the Platform as Registered Partner using any computer
systems or mobile devices. We allow the Partner to surf the Platform without
registration.
1.3. Please read these Terms of Use carefully, by browsing, accessing or
using the Platform or by using any facilities or services made available through
or on it, you are agreeing to the Terms of Use that appear below (all of which
are called “Agreement”). This Agreement is made between you and us. Use of the
Platform and any sales made thereto are each subject to the Terms of Use set out
in this Agreement.
1.4. We at all times reserve the right to amend these Terms of Use. All
amendments and changes to these Terms of Use will be available online. Such
changes may include, among other things, addition of certain fees or charges. We
suggest you, therefore, that you re-read this important notice containing out
Terms of Use and Privacy Policy from time to time so that you remain informed as
to any such changes. If we make changes to our Terms of Use and Privacy Policy
and you continue to use our Platform, you are deemed to have implicitly agreed
to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any
such deletions or modification shall be effective immediately upon Winds posting
thereof. Continued use of any of the services provided via the Platform
including information services, content and transaction capabilities on the
Platform, including the ability to make sales, you’re your store, list your
products/ services, list the offers on your products or services, receive
payments from your customers through the Platform (such customers being
“Patron”) (all of which are called “Services” in this document) will be deemed
to constitute acceptance of the new terms and conditions. We may immediately
terminate these Terms of Use or any Services with respect to you, or generally
cease offering or deny access to the Services or any portion thereof, at any
time for any reason.
1.5. Unless otherwise notified by you to Winds, by using the Platform, you
agree that Winds may provide you with any communication associated with the
Services including payment notifications through telephonic calls, SMS,
WhatsApp, E-Mail and other such similar communication services.
2. GENERAL
2.1. Partner Accounts. In order to use most aspects of the Services, you
must register for and maintain an active personal account (“Account”). You must
be at least 18 years of age to obtain an Account or to use the Platform without
creation of the Account as well. Account registration requires you to submit to
Winds certain personal information, such as your name, address, mobile phone
number, as well as at least one valid payment method (either credit card/ debit
card or any other acceptable payment partner) at the time of making payment.
Being a vendor on the Platform, you will also be required to provide a valid PAN
Number, Aadhar Card Number, GSTIN, validated bank account and other relevant
documents that may be necessary to complete the ‘know your customer’ procedure
of Winds. You agree to maintain in bona fide accurate, complete and up-to-date
information in your Account. Your failure to maintain accurate, complete and
up-to-date Account information, including having an invalid or expired payment
method and/or invalid PAN, Aadhar, or other such details on file, may result in
your inability to access and use the Services or Wind’s termination of these
Terms of Use with you. You are responsible for all and any activities that occur
under your Account and you agree to maintain the security and secrecy of your
Account username and password at all times. Unless otherwise permitted by Winds
in writing, you may only possess one Account. You shall not use the Winds
Platform for any illegal or fraudulent purposes barred by law or in general
including creation of multiple accounts. Any such illegal or fraudulent use may
render you liable under civil and/or criminal action along with quasi-judicial
enquiry, if any, including but not limited to equitable remedies, injunctions,
etc. and all other remedies available at the recourse of Winds Platform. Winds
also reserves the right to disable your use or cancel your Account for any
illegitimate and/ or fraudulent usage or purchases.
2.2. Territory. The Platform and the Services and any sales are directed
solely to those who access the Platform from the Republic of India. Winds makes
no representation that Services are available or otherwise suitable for use
outside the Republic of India. If you choose to access the Platform (or use the
Services or make a sale) from a location outside the Republic of India, you do
so on your own initiative and are responsible for the consequences thereof.
2.3. Platform. Winds provides an interactive online service owned and
operated by Winds through its Platform, consisting of information services,
content and transaction capabilities provided by various online and offline
vendors with whom it has business relationships. The Patrons on the Winds
Platform can access such information and interact with such vendors and make
payment for any goods/ services availed from them.
2.4. Right to Transfer. The right to use the Platform is personal to the
Partner and is not transferable to any other person or entity. The Partner shall
be responsible for protecting the confidentiality of Partner’s passwords, if
any. The Partner understands and acknowledges that, although the Internet is
often a secure environment, sometimes there are interruptions in service or
events that are beyond the control of Winds, and Winds shall not be held
responsible for any data lost or misused by a third party while transmitting
information on the Internet in any manner whatsoever.
2.5. Not on Uninterrupted Basis. While it is Wind’s objective to make the
Platform accessible at all times, the Platform may be unavailable from time to
time for any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and outside of
the control of Winds, access to the Platform may be interrupted, suspended or
terminated from time to time. Winds reserves the right, in its sole discretion,
to terminate the access to any or all Winds services or any portion thereof, at
any time, without notice. Winds shall also have the right at any time to change
or discontinue any aspect or feature of the Platform, including but not limited
to, content, graphics, offers, settings, hours of availability, and equipment
needed for access or use. Further, Winds may discontinue disseminating any
portion of information or category of information, may change or eliminate any
transmission method, and may change transmission speeds or other signal
characteristics.
3. PARTNER CONDUCT
3.1. Restrictions. The Partner undertakes without limitation, not to use or
permit anyone else to use the Services or the Platform:
a) To upload, send or receive any information for which you have not
obtained all necessary licenses and/or approvals (from us or third parties); or
which constitutes or encourages conduct that would be considered a criminal
offence, gives rise to a civil liability or otherwise be contrary to the law of
or infringes the rights of any third party in any country in the world;
b) To upload, send, or receive any material which is technically harmful
(including computer viruses, logic bombs, trojan horses, worms, harmful
components, corrupted data, malicious software, harmful data, or anything else
which may interrupt, interfere with, corrupt or otherwise cause loss, damage,
destruction or limitation to the functionality of any software or computer
equipment);
c) To intercept or attempt to intercept any communications transmitted by
way of telecommunication system for a purpose other than for which we have
designed them or intended them to be used; or for any fraudulent purposes; or in
any way which is calculated to incite hatred against any ethnic, religious or
any other minority or is otherwise calculated to adversely affect any
individual, group or entity;
d) To upload, send or receive any material which is not civil or tasteful;
e) To upload, send or receive any material, including Partner Content, which
is unlawful, harmful, tortious, threatening, abusive, harassing, hateful,
racist, homophobic, infringing, pornographic, violent, misleading, grossly
offensive, of an indecent, obscene or menacing character, blasphemous or
defamatory or of a libelous nature of any person or entity, in contempt of Court
or in breach of confidence, or which infringes the rights of another person or
entity, including copyrights, trademarks, trade secrets, patents, rights of
personality, publicity or privacy or any other third party rights; or
f) To cause annoyance, inconvenience or needless anxiety.
3.2. Forbidden Uses. The following uses of the Platform are expressly
prohibited and you undertake not to do (or to permit anyone else to do) any of
the following:
a) Resell the Services or the Platform;
b) Furnish false data including false names, addresses and contact details
and fraudulent use or credit/ debit card numbers or net banking or any other
mode of payment;
c) Attempt to circumvent our security or network including but not limited
to accessing data not intended for you, logging into a server or Account you are
not expressly authorized in writing to access, or probe the security of other
networks (such as running a port scan);
d) Access the Services or Platform in such a way as to, or commit any act
that would or does, impose an unreasonable or disproportionately large burden on
our infrastructure or that otherwise interrupts or interferes with its
functionality, efficiency or operation;
e) Execute any form of network monitoring which will intercept data not
intended for you;
f) Offer for sale any goods or services which are in contravention with the
laws of India or the public policy of India;
g) Entering into fraudulent interactions or transactions with a Patron on
the Platform;
h) Use the Services or Platform in breach of this Agreement;
i) Use in an unauthorized manner, or forge or mail header information;
j) Engage in any unlawful or criminal activity in connection with the use of
the Services and/or Platform;
k) Copy or use any Partner Content for any commercial purposes;
l) Engage in any frivolous act that hampers the goodwill and brand
reputation of Winds or its Platform in any manner whatsoever.
3.3. Any conduct by a Partner that in Winds’ exclusive discretion is in
breach of the Terms of Use or which restricts or inhibits other vendors or
Patrons from using or enjoying the Platform is strictly prohibited. The Partner
shall not use the Platform to advertise or perform any religious, political or
non-commercial solicitation, including but not limited to, the solicitation of
users of the Platform to become users of other online or offline services
directly or indirectly competitive or potentially competitive with Winds.
3.4. Winds reserves the right to prevent you from using the Platform and to
prevent you from making any sale through the Platform, if your conduct is found
to be in question or in contravention of the terms of the Agreement.
4. TRADE OF PRODUCTS AND/OR SERVICE
4.1. Winds takes no responsibility for the fulfilment of payment by the
Patrons to you. Further, Winds shall at no time be liable for/ on behalf of you
to the Patrons for the quality, safety, usability or any other aspect of the
products or services availed by such Patron through your store on the Platform.
4.2. It is hereby clarified that Winds, at all times, disclaims any warranty
or liability in relation to the services/ products which have been purchased/
sold through the Platform, for instance the quality, merchantability,
imperishable in nature, fit for human consumption, etc.
4.3. You understand that the Platform is a service provided by Winds in the
form an electronic marketplace and an intermediary. All listings on the Platform
are done by the Partners and Winds shall not be liable for any such listing.
Winds does not in any manner actively monitor the content on the Platform. All
Partners agree that their use of the Platform is subject to their own risk.
4.4. You, as a Partner shall be responsible for the content uploaded by you
on the Platform and you hereby undertake to ensure that all such content is in
compliance with this Agreement and does not breach any intellectual property
rights or proprietary rights of any third party.
4.5. You, as a Partner further warrant to us that all content uploaded by
you is true and correct and that any brand names, trade marks, service marks and
alike used by you on the platform are owned or duly licensed by you.
4.6. Regardless of which Services are accessed by you, Winds shall not be
responsible for any transaction that you make with the Patrons, or attempt to
make, using the online-payment capability of the Platform.
4.7. You undertake to keep the stock of goods/ serve ready for delivery/
sale to meet the demand placed by the Patron. You undertake and assure that the
products shall not be sold to the Patrons above the maximum retail price.
5. PARTNER COVENANTS
You hereby covenant to Winds that:
5.1. You possess all the requisite legal rights over the goods on sale at
your store and made available through the Platform. You are legally entitled to
transfer the goods to the Patron in lieu of the consideration.
5.2. You undertake to sell the goods to the Patron, strictly in accordance
with the specification received from the Patron and it is your sole
responsibility to ensure the sale of correct item and within the specified time.
5.3. You agree to maintain proper stock/ inventory of the items at your
store;
5.4. You shall not do any act or deal in any goods/ services which are
prohibited by law or violate any intellectual property rights or proprietary
rights of any third party;
5.5. You declare that you have all the rights, authorizations, and
permissions from the requisite authorities to do business of selling, supplying
and marketing the products as showcased on the Platform by you. You ensure that
during the performance of such business, you shall not violate any law;
5.6. You shall be solely responsible for the quality, quantity,
merchantability, guarantee, warranties in respect of the goods offered for sale
on the Platform;
5.7. You shall promptly inform Winds, if any complaint or request for
refund/ replacement is received from such Patron;
5.8. You shall be solely responsible for any dispute that may arise between
you and a Patron relating to the goods/ services sold by you. No claim of
whatsoever nature shall be raised in this respect to Winds;
5.9. You shall be responsible for compliance of all applicable laws and
regulations including without limitation, taxation laws, metrology laws, labour
laws, drugs and cosmetics Act and other applicable laws.
5.10. You shall provide accurate and correct information regarding your
store on the Platform and shall not attempt to deceive, fraud or misrepresent
anything to a Patron;
5.11. You shall not act on behalf of Winds and shall not portray that you
are an employee of Winds.
6. PAYMENTS AND SECURITY
6.1. The Partner agrees and understands that all payments from the Patrons
must be received through Platform using the payment gateway service provider
(“Payment Processor”) made available on the Platform by Winds.
6.2. The Partner shall not share his/ her personal sensitive information
like credit/ debit card number, CVV, OTP, card expiry date, user IDs, passwords,
etc with any person including the agents, employees or representatives of Winds
nor shall the Partner share any such information of a Patron that he may have
access to. The Partner shall immediately notify Winds if such details are
demanded by any of its agents, employees or representatives. Winds shall not be
liable for any loss that the Partner incurs for sharing the aforesaid details.
6.3. Winds or its affiliates or any of its representatives will never ask
for sensitive information like user ID, PIN, Internet banking passwords, CVV
Number, OTP etc through phone/ SMS/ email/ or any other method of communication.
We request you to not share or respond/ provide any such details to anyone.
6.4. From time to time, there will be circumstances where Winds does not
receive valid, complete and/or otherwise sufficient data relating to
transactions made through the Platform. All such payments shall be handled by
the Payment Processor rather than Winds. Under no circumstances shall Winds be
responsible for Payment Processor’s errors, omissions, negligence, reckless or
intentional acts, privacy or publicity rights, violations and/or security
breaches, including with respect to any notification obligations related
thereto.
6.5. It is hereby clarified that for availing any benefits on the Platform,
all transactions must be undertaken through the “Pay Now” feature provided on
the Platform through the Payment Processors service. Any transaction occurring
in cash or kind or through any means outside of the Platform, except as covered
herein, shall not be deemed eligible for any benefits on the Platform.
7. SERVICE FEE
7.1. Winds has categorized different types of businesses based upon their
operations. In accordance with this categorization, Winds charges the Partners
certain percentage of their transactions as a “service charge”. This service
charge is a convenience fee toward Winds for providing the Platform and shall be
deemed as such.
7.2. You agree to pay such service charge to Winds for all transactions made
through the Payment Processor on the Platform. The liability to comply with the
provisions of applicable laws including taxation laws, shall be solely vested
with you.
7.3. All transactions made through the Platform shall be cleared and
deposited in your validated bank account within 1-2 banking days after automatic
deduction of the service charge. In case of any discrepancy, you may contact the
Winds customer service.
7.4. Winds shall not be responsible for any complications, interruption of
business, stoppage of payment or cancellation of payments owing to the actions
or inactions of the Patron, you or the Payment Processor. It is hereby
understood that Winds does not actively participate in the payment processing
operation and the same is done through the Payment Processor which has its own
terms of use and you shall be required to abide by the same.
8. REWARD POINTS
8.1. Winds offers reward points in the form of “WSP” or “Winds Service
Points” to Partners for making certain sales on the Platform. You may earn WSPs
in a variety of ways as specified by Winds, such as transacting for all sales
with Patrons through the Platform and other ways as indicated by Winds from time
to time. Winds reserves the right to change, add, or remove any award types and
the method by which the Partners can earn and utilize WSP, for any reason and
without notice to you, in its sole discretion and at any time.
8.2. Offline Partners. For any sales made by you to the Patrons, you will be
eligible to receive the applicable WSP only if you receive the payments for such
sales through the Platform using the Payment Processors service.
8.3. Online Partners. For any sales made by you to the Patrons, you will be
eligible to receive the applicable WSP only if, at the time of purchase, the
Patrons had accessed the your portal/ mobile application through the links
provided on the Platform.
8.4. Certain transactions may not be eligible to receive WSPs. At Winds sole
discretion, entire transactions may be determined to be ineligible for WSP or
the award of only partial WSPs.
8.5. WSPs may not be awarded or used until a certain time period has expired
(for example, for fulfilling your return policy criteria). If a Patron makes a
return, you undertake that you shall inform Winds in writing or if the
transaction is invalidated, disputed or does not settle for any reason, and upon
happening of such events, Winds may decrement some or all pending WSP from your
Account, as determined and at the sole discretion of Winds. If you take a return
for cash, store credit or credit to a different credit/ debit card of the
Patron, we shall still have the discretion to decrement the WSP from your
Account.
8.6. Once you have at least 5,000 WSP, the WSP shall automatically convert
into a lucky draw coupon and make you eligible to participate in the Lucky Draw
Events held by Winds. Please refer to the Terms and Conditions of the Lucky Draw
for more details. It is hereby understood and agreed by you that the WSP may
only be used/ redeemed for a lucky draw participation coupon. At no time shall
Winds be liable or you be entitled to, redeem the WSP for cash/ credit/ or any
other such monetary reward other than as specified herein above.
9. REFUNDS
9.1. In the rare circumstances where the payment has been made by the Patron
through the Platform and not received by the Partner, shall be dealt with in
accordance with the applicable law. The Partner shall notify Winds immediately
upon occurrence of such event. In case of any applicable refund, the Partner
shall be completely responsible for all charges, fees, duties, taxes and
assessments arising out of the use of the service, as per the applicable laws.
9.2. It is clarified that in case of any default in the banking channel of
the Patron or the Partner or the Payment Processor, Winds shall be not held
liable or responsible in any manner whatsoever for any losses, claims,
liabilities, damages, etc. to anyone.
9.3. In no event shall Winds be obligated to refund any amount on your
behalf. The policy of refund shall entirely depend and governed by your internal
refund policy. In case of refund, the WSP issued by Winds with respect to the
refunded transaction, shall be withdrawn by Winds, at its sole discretion.
Further you shall not be entitled to refund of any service charge paid by you on
the refunded transaction.
9.4. In case where the applicable WSP has been utilized toward a Lucky Draw,
and a refund of the transaction where such WSP were earned occurs, then Winds
shall be entitled to, in its sole discretion, to adjust such WSP against any
future transaction of the Partner.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Winds grants you a limited, personal, non-transferable, non-exclusive,
revocable license to access and use the Platform pursuant to this Agreement and
to any additional terms and policies set forth by Winds. All Intellectual
Property Rights (including all copyright, patents, trade marks, service marks,
trade names, designs – including the “look and feel” and other visual or
non-literal elements, whether registered or unregistered) in the Platform and
Service, (subject to the title and ownership rights as mentioned below)
information content on the Platform or accessed as part of the Service, any
database operated by us and all design, text, graphics, software, photos,
videos, music, sound and their selection and arrangement, and all software
compilations, underlying source code and software (including applets and
scripts) shall remain our property (or that of our licensors). You shall not,
and shall not attempt to, obtain any title to any such intellectual property.
All rights reserves.
10.2. None of the material listed in this clause may be reproduced or
redistributed or copied, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, sold, rented or sub-licensed, used
to create derivative works, or in any way exploited without our prior express
written permission. You may, however, retrieve and display the content of the
Platform on a mobile device for your own personal, non-commercial use. You may
not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Platform without our permission.
10.3. “WINDS”, the Winds Logos and any variations thereof found on the
Platform are trademarks owned by Winds and all use of these marks inures to the
benefit of Winds only. All rights (including goodwill and where relevant, trade
marks) in the Winds name are owned by us (or our licensors). Other product and
company names mentioned on the Platform are trademarks or registered trade marks
of their respective owners.
10.4. The title, Ownership Rights and Intellectual Property Rights in and to
the content accessed using the Service is the property of the applicable content
owner or Partner and may be protected by applicable copyright or other law. The
Agreement gives you no right to such content.
10.5. Subject to the Clause below, any material you transmit or post or
submit to the Platform (or otherwise to us) shall be considered (and we may
treat it as) non-confidential and non-proprietary, subject to our obligations
under the data protection legislations or such legislation that provides for
protection of electronic data under Indian laws. If for some reason, any part of
that statement does not work as a matter of law, then for anything which you
supply to use from whatever source, you grant us a royalty-free, perpetual,
irrevocable, non-exclusive right to use, copy, modify, adapt, translate, public
and distribute world-wide any such material.
10.6. All comments, suggestions, ideas, notes, drawings, concepts or other
information: (i) disclosed or offered to us by you; or (ii) in response to
solicitations by us regarding the Service or the Platform; (in each foregoing
case, these are called "Ideas") shall be deemed to be and shall remain our
property and you hereby assign by way of present and future assignment all
intellectual property rights in Ideas, to us. You understand and acknowledge
that we have both internal resources and other external resources that may have
developed or may in the future develop ideas identical to or similar to Ideas
and that we are only willing to consider Ideas on these terms. In any event, any
Ideas are not submitted in confidence and we assume no obligation, express or
implied by considering it. Without limitation, we shall exclusively own all now
known or hereafter existing rights to the Ideas of every kind and nature
throughout the world and shall be entitled to unrestricted use of the Ideas for
any purpose whatsoever, commercial or otherwise without compensation to the
provider of the Ideas.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
11.1. The Partner expressly agrees that use of the Platform is at the
Partner’s sole risk. Neither Winds, its affiliates, business associates nor any
of their respective employees, agents, and Partners warrant that use of the
Platform will be uninterrupted or error-free; nor do they make any warranty as
to (i) the results that may be obtained from use of this Platform, or (ii) the
accuracy, reliability or content of any information, service or merchandise
provided through the Platform; or (iii) reliability of the Payment Processors
services.
11.2. The Platform is made accessible on an “as is” basis without warranties
of any kind, either express or implied, including, but not limited to,
warranties of title or implied warranties of merchantability or fitness for a
particular purpose, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the laws applicable to
this Agreement.
11.3. We do not give any warranty that the Services or the Platform are free
from viruses or anything else which may have a harmful effect on any technology.
11.4. We reserve the right to change, modify substitute, suspend or remove
without notice any information or service from the Platform forming part of the
Service from time to time. Your access to the Platform and/ or the Services may
also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such
access as soon as we reasonably can. We assume no responsibility for
functionality, which is dependent on your browser or other third party software
to operate.
11.5. We reserve the right to block access to and/ or to edit or remove any
material, which in our reasonable opinion may give rise to a breach of this
Agreement.
11.6. This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any
other cause of action. The Partner specifically acknowledges that Winds is not
liable for the defamatory, offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing rests entirely with the
Partner.
11.7. Winds shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any Transaction, on account of the cardholder having exceeded the preset limit
mutually agreed by us with our associated banking partners from time to time.
11.8. Winds will have no liability with respect to the acts, omissions,
errors, representations, warranties, breaches or negligence on part of any
Patron.
11.9. Unless explicitly committed by Winds, as part of any Service:
a) Winds assumes no liability for the standard of service as provided by you
to a Patron;
b) Winds provides no guarantee with regard to their quality or fitness as
represented by you to a Patron;
c) Winds doesn’t guarantee the availability of any services as listed by you
to a Patron;
d) Winds doesn’t guarantee or undertake any liability on behalf of a Patron
to you.
11.10. To the fullest extent permissible under applicable law, we limit our
liability. in particular, we shall not be liable for any damages that we cause
unintentionally and we shall not be liable to you for any actual, incidental,
indirect or consequential loss or damage howsoever caused, provided that nothing
in this Agreement will be interpreted so as to limit or exclude any liability
which may not be excluded or limited by law. For example, we shall not be liable
to you for any of the following types of damages, whether in contract, tort
(including negligence and strict liability) or otherwise (whether such loss or
damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of
actual or anticipated profits; (iii) loss of the use of money; (iv) loss of
anticipated savings; or (v) loss or corruption of, or damage to, data, devices,
systems, or programs. If you are dissatisfied with any portion of the Platform
or Services, or with any clause of these terms, as your sole and exclusive
remedy you may discontinue using the Platform. Although we will not be liable
for your losses caused by any unauthorized use of your Account, you may be
liable to others as well as to us if your Account is used in violation of the
terms and conditions of this Agreement. In no event will Wind’s total liability
arising out of or in connection with these terms or from the use of or inability
to use the Platform exceed the amount of service charges received by us through
your transactions in the 1 (one) months preceding the event of liability. The
exclusions and limitations of damages set forth above are fundamental elements
of the basis of the relationship between Winds and you.
12. TERMINATION
12.1. Winds may terminate this Agreement at any time. Without limiting the
foregoing, Winds shall have the right to immediately terminate any passwords or
accounts of a Partner in the event of any conduct by the Partner which Winds, in
its sole discretion, considers being unacceptable, or in the event of any breach
by Partner of this Agreement.
12.2. One Partner can have only one Account with a unique e-mail ID and
unique phone number. If Winds has any suspicion or knowledge that any of its
Partners have created multiple Accounts with different e-mail addresses or phone
numbers (including but not limited to account creation by using false names or
providing misleading data for creating those Accounts or using disposable email
addresses or disposable phone numbers) to generate additional WSP or misuse or
take undue advantage of the benefits being provided on the Winds Platform, then
Winds may while reserving its rights to initiate civil and/ or criminal
proceedings against such Partner may also at its sole discretion terminate,
suspend, block, restrict, cancel the Account of such Partner and/ or disqualify
that Partner and any related Partners from availing the services ordered or
undue benefits availed through these Accounts.
12.3. All such provisions wherein the context so requires, including Clauses
on Intellectual Property Rights, Disclaimer of Warranty, Limitation of
Liability, Indemnification and Termination above will survive termination of
this Agreement.
12.4. Our right to terminate this Agreement shall not prejudice any other
right or remedy we may have in respect of any breach or any rights, obligations
or liabilities accrued prior to termination.
13. THIRD PARTY CONTENT
13.1. Winds, similar to an Internet Service Provider, is a distributor (and
not a publisher) of content supplied by Patrons and Partners. Accordingly, Winds
does not have editorial control over such content. Any opinions, advice,
statements, services, offers, or other information or content expressed or made
available by third parties, including Patrons, or any other Partners are those
of the respective author(s) or distributors and not of Winds.
13.2. Neither Winds nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose (refer to the Clause for
‘Disclaimer of Warranty, Limitation of Liability’ above for the complete
provisions governing limitation of liabilities and disclaimers of warranty).
13.3. Under no circumstances will Winds be liable for any loss or damage
caused by Partner’s reliance on information obtained through the Platform. It is
the responsibility of Partner to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice, etc. or other content available
through the Platform.
13.4. Unless you have executed a written agreement with Winds expressly
permitting you to do so, you may not provide a hyperlink to the Platform from
any website. Winds reserves the right to revoke its consent to any link at any
time in its sole discretion.
13.5. Winds may place advertisements in different locations on the Platform
and at different points during use of the Platform. These locations and points
may change from time to time at the sole discretion of Winds.
13.6. You are free to select or click on advertised goods and services or
not as you seem fit. Winds is not responsible for the merchantability, quality
or other aspects of the advertised goods and services and does not in any manner
endorse such advertised goods and services.
14. FORCE MAJEURE
14.1. Without prejudice to any other provision herein, Winds shall not be
liable for any loss, damage or penalty as a result of any delay in or failure to
deliver or otherwise perform hereunder due to any cause beyond Wind’s control,
including, without limitation, acts of the Partner, embargo or other
Governmental act, regulation or request affecting the conduct of Wind’s
business, fire, explosion, accident, theft, vandalism, riot, acts of war,
strikes or other labor difficulties, lightning, flood, windstorm or other acts
of God.
15. OUR PRIVACY POLICY
15.1. By creating an Account and participating in the Platform, you agree
that Winds may access information about you and the actions you take, such as
videos you watch, surveys to which you respond, items you buy, and other
relevant information. In addition, as applicable, you agree that Winds may
access your device’s camera, location tags and other information and that Winds,
its agents, employees or representatives, may review submissions made by you and
your device. Winds Platform is operated in and is intended for use for people
within the territory of Republic of India only. If you create an Account and are
a Partner on the Platform, your information will be stored and processed in
India, and you specifically consent to Wind’s storage and processing of the
personal data you submit. You may access your information and confirm its
correctness and use the Platform in accordance with the Privacy Policy of the
Platform.
16. ASSIGNMENT
16.1. We reserve the right to assign or transfer our rights and obligations
under this Agreement. These terms are personal to you and as a result, you may
not, without the written consent of Winds, assign or transfer any of your rights
and obligations under this Agreement. There shall be no third-party
beneficiaries to this Agreement.
17. INDEMNIFICATION
17.1. You agree to defend, indemnify and hold harmless Winds, its
affiliates, officers, directors, employees and agents from and against any and
all claims, damages, obligations, losses, liabilities, costs or expenses
(including but not limited to attorney’s fees) arising from: (i) your use of and
access to the Platform and/or Services; (ii) your violation of any term of this
Agreement; (iii) your violation of any third-party right, including without
limitation any intellectual property rights, property, privacy or
confidentiality right; (iv) any delivery/ sale of defective/ non-conforming/
inferior quality goods to a Patron; (v) any non-compliance or contravention of
laws applicable to your store/ establishment or your ability to provide your
goods/ services for sale on the Platform; or (vi) any claim that your Partner
Content caused damage to a third party. This defence and indemnification
obligation will survive this Agreement and your use of the Platform.
17.2. Winds makes no warranty concerning, is not responsible for and does
not endorse any goods or services provided by you, and you agree that any
recourse for dissatisfaction or problems with those goods or services by a
Patron will be sought from you by the Patron and not from Winds.
18. GOVERNING LAW AND DISPUTES
18.1. By using the Platform and Services you exclusive agree that, without
regard to the principles of conflict of laws, the laws of India shall govern
these Terms, your use of the Platform and Services and any dispute of any sort
that may arise between you and Winds.
18.2. If a dispute arises between you and Winds, our goal is to provide you
a neutral and cost effective means of resolving the dispute quickly. To that
end, you agree to first contact Winds customer support via the contact
information made available on the Platform and seek resolution. If that does not
resolve the issue, then you and Winds agree that any dispute or claim relating
to your use of the Platform or Services through the Platform, will be resolved
through binding arbitration in accordance with the Arbitration and Conciliation
Act, 1996 as amended from time to time. The arbitration shall be conducted by a
sole arbitrator appointed with mutual consent of the you and Winds. The language
of arbitration shall be English. The venue of arbitration shall be Lucknow,
Uttar Pradesh. The arbitral award rendered under such arbitration shall be final
and binding upon Winds and you.
19. TAKE DOWN POLICY
19.1. We do not and cannot verify if the Partners have the right or ability
to sell or distribute their listed products or services or if the Partners
listed on the Platform have provided accurate/ correct information regarding
their location, name, category of goods or any other such information.
Therefore, you shall be liable in case of any infringement action brought by any
third party against us due to any content uploaded by you on the Platform. We
are committed to removing any infringing or unlicensed product or service once
an authorized representative of the rights owner properly reports them to us. We
sincerely want to ensure that item listings do not infringe upon the copyright,
trademark or other intellectual property rights of third parties. Any person or
company who holds intellectual property rights (such as a copyright, trademark
or patent) that may be infringed upon by listings on Winds is encouraged to
report the same to our Legal Team. In case you have infringed upon a third
party’s intellectual property rights or other proprietary rights, we reserve the
right to block your access to your Account and remove any and all content
uploaded by you on the Platform.
20. SEVERABILITY & WAIVER
20.1. In the event that any term of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of these terms
shall remain valid and enforceable. We can replace any term which is not valid
and enforceable with a term of similar meaning which is valid and enforceable.
20.2. Any failure by us to enforce any of the terms of this Agreement shall
not affect our right to require performance at any subsequent time, nor shall
the waiver by us of any breach by you of any provisions of these terms be taken
to be a waiver of the provision or provisions itself.
21. ENTIRE AGREEMENT
21.1. This Terms of Use, along with the Privacy Policy, Lucky Draw Terms and
Conditions and other guidelines, notices or rules that are separately posted for
particular service on the Platform, contains the entire Agreement between you
and Winds regarding your use of the Platform.
22. RELATIONSHIP OF PARTIES
22.1. Nothing in this Agreement shall be construed as creating a
relationship of partnership, joint venture, agency or employment between you and
Winds. The Agreement is on principal to principal basis. Winds shall not
responsible for any acts/ representation or commission/ omission done by you and
neither Party shall have any power or authority to represent, bind or assume any
obligation on behalf of the other.
23. GRIEVANCE REDRESSAL OFFICER
23.1. In the event of any violation by any user of the Platform with respect
to the content being obscene, menacing, grossly offensive, infringing
intellectual property, or otherwise gross violation of these Terms of Use or
contravention of the laws, you may provide your concerns in writing to us at:
Name: Aris Naeim
Email: grievance@winds.co.in
23.2. Additionally, you may also contact us via the address given below.
When something gets reported to Winds, we review it and remove anything that
goes against the Agreement. We don’t include any information about the person
who filed the report when we contact the reported persons. However, please note
that reporting something to us does not guarantee that it will be removed as we
be legally bound to retain certain things.
24. CONTACT US
24.1. If you have any questions or comments, or would like to discuss your
Account with our Customer Support staff, please contact us at the details below:
Name – M/s Winds E Private Limited
Address - 235, Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar,
Bengaluru, Karnataka 560082, India
Toll Free Number – 1800 103 1032
Email – support@winds.co.in
You agree and acknowledge that the present website/software/mobile application is an electronic platform in the form of an electronic marketplace and an intermediary and the usage of Software/application is subject to all agreements such as a license agreement accompanying this software and is subject to be used under the following circumstances: (a) the Software may be used solely and strictly for the purpose assigned and designated/decided by the Winds (b) the Software shall not be modified or altered under any circumstances whatsoever; and (c) the Software shall not be redistributed? (d) the Software shall only be used in connection with the Contents.
You agree and acknowledge that the Winds as per its discretion provides a permanent access to the Software for your usage and the Winds reserves its right to discontinue the usage of the Software anytime, without any prior notice to you. You agree that you shall not raise any claims for damages, losses or inconvenience, if in any event the access to the software is to discontinue and/or the Winds does not provide access to the permanent version of the Software.You agree and acknowledge that the Winds, its designees, third party vendors shall be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes. You agree and acknowledge that the Winds will have no confidentiality obligations with respect to such feedback.
The contents of the Winds Software / application / website can be viewed and used on your mobile for making purchases of various types of goods and services through various mediums designated by the Winds and, configure to the Contents that the Winds publishes or broadcasts via its Software.
Notwithstanding anything contained here, you agree and acknowledge that the Winds may have procured the Contents or part thereof under valid licenses, and then in case the delivery of the Contents and/or the Software or part thereof is stopped due to the termination of the such license agreements with the third party, then the Winds shall stop the use of such Contents or part thereof and you shall not raise any objection to the same and claim any loss from the Winds thereupon.
The Services are not available to Minors under the age of eighteen (18) or to any user suspended or removed from the Winds system for any reason whatsoever. Winds reserves the right to refuse access to use the Services offered at the website to new users or to terminate access granted to existing users at any time without recording any reasons thereof.
You shall not have more than one active Account on the mobile Application and website of Winds. You are prohibited from selling, trading, or otherwise transferring your unique login-id to another person. In case you are found doing so, Winds reserves the right to suspend or remove the said user from the platform of the Wind.
The Service may contain links to other World Wide Web or other online electronic sites or resources except those contents which are expressly acknowledged/permitted by Winds. You further acknowledge that Winds has no control over such sites and resources, you acknowledge that this Service does not endorse and is not responsible or liable for any Content, advertising, products, or other Contents on or available from such sites or resources. You further acknowledge and agree that Winds shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Contents, goods available on or through any such site or resource that are being displayed on such Service. You agree to the specific terms of this Agreement, whilst accruing the Service and you shall assume full responsibility of your actions with respect to such Service/Sale of such third party.
You understand that some sections of the Service may download cookies. Cookies are small text files that a Service sends to you to record your online activity. Cookies may be used on Winds to help personalize your visits to the Service, to improve how you use certain aspects of our sites. You can disable cookies by adjusting your browser settings, but if you do so please note that, some functions on this Service may not function correctly and properly.
You agree and acknowledge that the Contents are the sole and exclusive property of the Winds and are protected by copyright and other intellectual property laws.
This Service, including but not limited to Contents, business modules are a compilation and collective work belonging to the Winds. You acknowledge that the Contents have been developed, compiled, prepared, revised, selected, and arranged by the Winds or its service providers, its partners, its subsidiaries and its affiliates, after application of human knowledge and after spending substantial time on research and development, effort, and money and constitutes valuable intellectual property of the Winds.
You agree to protect the proprietary rights of the Winds and all others, having rights in the Service and its contents, etc. during and after the term of this Agreement and to comply with all reasonable written requests made by the Winds or its suppliers, equipment, goods or otherwise.
You agree to notify Winds in writing promptly upon becoming aware of any unauthorised access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (“Intellectual Property Rights”), at all times be and remain the sole and exclusive property of the Winds and you shall have no right or ownership with respect to the same. Except as specifically permitted by the Agreement, you may not copy or make any use of the Content with respect to this Service or any portion thereof. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of the Winds. The Party hereto agrees and confirms that no part of any intellectual property rights mentioned herein above is transferred in the name of User and any intellectual property rights.
Furthermore, you shall not use any of the trademarks, trade names, service marks, copyrights, or logos of the Winds or its subsidiaries or any advertisers or sponsor which is displayed on the Service with your own mark or mark of any third party, without a prior written permission of the Winds.
You shall not use the Contents for any illegal purpose or in any manner inconsistent with the terms and conditions specified herein. You shall utilize the Contents as per the direction/agreement and endorsement of the Winds for the benefit of any other person or entity. You shall not use, transfer, distribute, or dispose of any information (copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit etc). You shall not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a network or hyperlink framing on the internet without the prior written consent of the Winds. It is clarified that the contents of the software shall not be used to construct a database of any kind, for any reason.
You shall not upload or send any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable and not upload or send any commercial, promotional, or solicitation information.
Under no circumstances, shall Winds, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to any user on account of such user’s use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Winds is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or the materials or the internet generally, reliance upon or performance of any material contained in or accessed from any platforms.
Winds does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, service or process disclosed on the platforms or other material accessible from the platforms.
The user of the platforms assumes all responsibility and risk for the use of this platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent, as permitted by law.
The ownership of the product(s) purchased will be transferred to you after successful delivery of the same at the destination provided by you, until which the ownership of the product/s shall vest with the vendor alone. Any damage in transit on account of inadequate / unsuitable packaging will be attributable only to the vendor. Winds shall not be responsible for any unsatisfactory or delayed performance of the vendor including delays as a result of the product/s being out of stock.
You agree that the primary and sole responsibility for the redressal of your complaints will rest solely with the vendor at all times. However, Winds may inform the vendor to provide or facilitate the provision of such services to you.
You also further agree that the address at which delivery of the product ordered by you is to be provided, is correct and proper in all respects and in case if a non-delivery occurs on account of a mistake by you (i.e. wrong name or wrong address etc). any extra cost incurred by vendor for redelivery shall be claimed from you.
You acknowledge that before placing an order you are required to check the product description carefully at all times. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description, geographical limitation of warranty and notifications of voltage incompatibility in case of electronic / electrical products.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1. By using the Winds mobile application (the “Platform”), you, the
customer (“you”, “your”, or the “Participant” in this document) unconditionally
agree to the terms and conditions that we, M/s Winds E Private Limited, a partnership firm
under the Indian Partnership Act, 1932, having its corporate office at: 235,
Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar, Bengaluru,
Karnataka 560082, India (“Winds”, “we”, “us” or “our” in this document) have
provided herein for the use of the Winds Platform owned and maintained by us.
1.2. By using the Platform, you consent to participate in the lucky draw
contest organized by Winds (“Lucky Draw”). However, Winds shall not at any point
charge you a fee for participating in such Lucky Draw and it shall be completely
free of cost. Your participation in the Lucky Draw shall be governed by these
Terms and Conditions (“Terms”) and you shall be bound by the same. We reserve
the right to make any change or amend or terminate these Terms at any time, and
your continued use of the Platform would be deemed as acceptance of the same.
You shall be responsible to review these Terms regularly in order to keep
yourself updated, if you disagree with any provision of these Terms, you may
stop using the Platform.
1.3. These Terms are in addition to the Terms of Use and Privacy Policy for
the Partners and Patrons mobile application of Winds (“Other Terms”), to which
you agree by using the Platform. To the extent the Other Terms are inconsistent
with these Terms, these Terms shall prevail with respect to the Lucky Draw only.
1.4. Unless otherwise notified by you to Winds, by using the Platform, you
agree that Winds may provide you with any communication associated with the
Services or Lucky Draw including notifications for winnings, change of lot, etc.
through telephonic calls, SMS, WhatsApp, E-Mail and other such similar
communication services.
2. ELIGIBILITY
2.1. You need to fulfil the following eligibility criteria to enter the
Lucky Draw:
a) You should be an individual legal resident of Republic of India;
b) You should have a registered permanent address within the territory of
India;
c) You should have a registered bank account in India which can receive
money in INR currency;
d) You should be of 18 years or above age at the time of entry into the
Lucky Draw;
e) You should not be an employee or immediate family member of an employee
of Winds;
f) You should have accumulated at least 5,000 WRP or WSP.
3. DETAILS OF THE LUCKY DRAW
3.1. Mini-Monthly Draw.
a) At the end of each month, Winds shall conduct a mini monthly Lucky Draw
(“Mini Draw”) for its Patrons and Partners.
b) To participate in the Mini Draw, you must have accumulated at least 5,000
WRP or WSP (“Required Reward Points” or “RRP”), as applicable.
c) The RRP shall be automatically converted into a coupon for Lucky Draw
(“Coupon”).
d) The Mini Draw shall be conducted at the end of each month and only those
people shall be eligible, who have been able to gain at least one Coupon.
e) In each Mini Draw, only one Coupon shall be utilized, which shall be
automatically put in the Mini Draw for the Participant.
3.2. Mega Lucky Draw.
a) From time to time, Winds shall conduct a Grand Lucky Draw (“Grand Draw”)
for its Patrons and Partners, upon achieving a specific group size for such
Patrons and Partners, as the case may be.
b) To participate in the Grand Draw, you must have at least one Coupon.
Provided, where a Participant has multiple Coupons, all such Coupons shall be
automatically placed into the Grand Draw as a multiple entry.
3.3. A singular Coupon can be used to enter into the Mini Draw and Grand
Draw simultaneously, provided however that the Participant cannot have multiple
entries in the Mini Draw and shall be limited to entry through one Coupon only.
3.4. Each winner of the Mini Draw, or Grand Draw shall be eligible to
receive only one Prize under the Lucky Draw, irrespective of the number of
entries. The decision regarding the winner shall be final.
4. PRIZES
4.1. Under the Mini-Draw, the Participants shall be eligible to receive
prizes as given under Schedule 1 and for the Grand Draw, the Participants shall
be eligible to receive prizes as given under Schedule 2.
4.2. Each Prize will be awarded “as is” and without any warranty or
obligation or liability of any kind, express or implied. Any graphics of the
Prize, as depicted in any communication regarding the Lucky Draw, are for
representation purposes only. The actual Prize would only be monetary award.
4.3. Winds shall remit the Prize money to the winning Participants
registered bank account provided however, the Prize money shall be subject to
applicable tax deductions at source and other applicable taxes for which the
Participant shall be responsible and liable.
4.4. Odds of winning depend on the eligible entries received. The eligible
entries are the ones that satisfy the eligibility criteria and other conditions
in these Terms.
4.5. Winds shall notify the winning Participants by e-mail or via any other
medium of communication, as determined in its sole discretion. The winning
Participants shall have a total of 15 (fifteen) days to provide Winds with all
relevant documentation (including KYC documents) for the purpose of remitting
the prize money, failing which the Participant shall be deemed to have forfeited
their claim over the prize money.
4.6. To maintain the transparency of the Lucky Draw, the entire process
shall be certified by reputed firms and agencies of India and regular management
and service audits of the Lucky Draws shall be conducted from time to time.
5. ADDITIONAL TERMS
5.1. We are not responsible for:
a) Lost, misdirected, late, incomplete or inaccurate information, whether
caused by you or by any of the equipment or programming associated with or
utilized in the Lucky Draw, or by any technical or human error that may occur in
the processing of the entries or remitting of prize money;
b) Any printing or typographical errors in any materials associated with the
Lucky Draw;
c) Any error in the operation or transmission, theft, destruction,
unauthorized access to, or alteration of, entries, or for technical, network,
telephone, computer, hardware or software, malfunctions of any kind, or
inaccurate transmission of, or failure to receive any information on account of
technical problems or traffic congestion on the Internet or at any website; or
d) injury or damage to your or any other computer or mobile resulting from
downloading any materials in connection with the Lucky Draw.
5.2. We may, in our sole discretion, disqualify any individual found to be:
a) Tampering with the entry process or the operation of the Lucky Draw or
the Platform;
b) Acting in violation of these Terms or the Terms of Use applicable to the
Participant; or
c) Acting in an unsportsmanlike or disruptive manner or with intent to
annoy, abuse, threaten or harass any other person.
5.3. We may, to the maximum extent permitted by applicable law and in our
sole discretion, change the Terms or cancel the Lucky Draw, at any time; or
modify, terminate or suspend the Lucky Draw should viruses, worms, bugs,
unauthorized human intervention or other causes beyond our control corrupt or
impair the administration, security, fairness or proper play of the Lucky Draw
or automatic entry of the Participants.
6. PUBLICITY
6.1. By participating in the Lucky Draw, you give Winds and/or its
affiliates permission to use your name, likeness, image, voice, and / or
appearance as such may be embodied in any pictures, photos, video recordings,
audiotapes, digital images, and the like, taken or made in relation to the Lucky
Draw and any promotions, events, or lucky draws to follow.
6.2. You agree that Winds and / or its affiliates has the right to publish
your saved item details for any communication, promotions, events, or lucky
draws that follow.
6.3. You agree that Winds and / or its affiliates has complete ownership of
such pictures, etc., including the entire copyright, and may use them for any
purpose. These uses include, but are not limited to illustrations, bulletins,
exhibitions, videotapes, reprints, reproductions, publications, advertisements,
and any promotional or educational materials in any medium now known or later
developed, including the internet.
6.4. You acknowledge that you will not receive any compensation, etc. for
the use of such pictures, etc., and hereby release Winds and/or its affiliates
and its agents and assigns from any and all claims which arise out of or are in
any way connected with such use.
6.5. You give your consent to Winds and / or its affiliates and its agents
and assigns to use your name and likeness to promote the Lucky Draw and any
promotions, events, or lucky draws to follow.
7. LIABILITY RELEASE
7.1. The Lucky Draw is being made purely on a "best effort" basis and
participating in the Lucky Draw is voluntary. By participating in the Lucky
Draw, you will be legally bound hereby, to release from liability, and hold
harmless Winds, its affiliates and any of their employees, directors, agents,
representatives or successor and its services for any matters in relation to the
Lucky Draw, including the Prize and/or benefits. This release is for any and all
liability for personal injuries (including death), property loss or damage, and
misuse of the Prizes offered under the Lucky Draw, in connection with any
activity or directly or indirectly, by reason of the acceptance, possession, or
participation in the Lucky Draw, even if caused or contributed to by Wind's
negligence. By participating in the Lucky Daw, you agree to bear all the
personal taxation that might arise out of the winnings from the Lucky Draw and
shall not hold Winds responsible for payment of the same and / or any dispute
arising in relation thereof.
8. ASSIGNMENT
8.1. We reserve the right to assign or transfer our rights and obligations
under this Agreement. These terms are personal to you and as a result, you may
not, without the written consent of Winds, assign or transfer any of your rights
and obligations under this Agreement. There shall be no third-party
beneficiaries to this Agreement.
9. INDEMNIFICATION
9.1. You agree to defend, indemnify and hold harmless Winds, its affiliates,
officers, directors, employees and agents from and against any and all claims,
damages, obligations, losses, liabilities, costs or expenses (including but not
limited to attorney’s fees) arising from: (i) your violation of any term of this
Agreement; (ii) any non-compliance or contravention of laws applicable to you
for receipt of the prize money. This defence and indemnification obligation will
survive these Terms and completion of the Lucky Draw.
10. GOVERNING LAW AND DISPUTES
10.1. By participating in the Lucky Draw, you exclusively agree that,
without regard to the principles of conflict of laws, the laws of India shall
govern these Terms, your participating in the Lucky Draw, and any dispute of any
sort that may arise between you and Winds with respect to the Lucky Draw.
10.2. If a dispute arises between you and Winds, our goal is to provide you
a neutral and cost effective means of resolving the dispute quickly. To that
end, you agree to first contact Winds customer support via the contact
information made available on the Platform and seek resolution. If that does not
resolve the issue, then you and Winds agree that any dispute or claim relating
to the Lucky Draw or your participation thereunder, will be resolved through
binding arbitration in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be conducted by a sole
arbitrator appointed with mutual consent of the you and Winds. The language of
arbitration shall be English. The venue of arbitration shall be Lucknow, Uttar
Pradesh. The arbitral award rendered under such arbitration shall be final and
binding upon Winds and you.
11. SEVERABILITY & WAIVER
11.1. In the event that any term of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of these terms
shall remain valid and enforceable. We can replace any term which is not valid
and enforceable with a term of similar meaning which is valid and enforceable.
11.2. Any failure by us to enforce any of the terms of these Terms shall not
affect our right to require performance at any subsequent time, nor shall the
waiver by us of any breach by you of any provisions of these terms be taken to
be a waiver of the provision or provisions itself.
12. ENTIRE AGREEMENT
12.1. these Terms, along with the Terms of Use and Privacy Policy, and other
guidelines, notices or rules that are separately posted for particular service
on the Platform, contains the entire Agreement between you and Winds regarding
your use of the Platform and participation in the Lucky Draw.
13. CONTACT US
13.1. If you have any questions or comments, or would like to discuss your
Account with our Customer Support staff, please contact us at the details below:
Name – M/s Winds E Private Limited
Address - 235, Suraj Centre, 2nd Floor, 27th Cross Rd, 7th Block, Jayanagar,
Bengaluru, Karnataka 560082
Toll Free Number: 1800 1031032
Email – support@winds.co.in
You unequivocally and unambiguously acknowledge and agree that the proposal / planning / formulation / conduction of the scheme of monthly promotional lucky draw by Winds shall be without any payment of participation fee/ entry fee and the same shall be for the promotion of the services/sale/business module of the Winds and in no event, the lucky draw shall by adjudged/termed/treated as Lottery in terms of Section 2 (b) the Lotteries (Regulation) Act,1998.
You agree that usage of this Service is at your own risk. The Winds expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. The Winds makes no warranty that the Contents and the Software will meet your requirements, that they will be uninterrupted, timely, secure, or error free nor does the Winds makes any warranty that the Contents and the Software make any warranty as to the results obtained or as to the accuracy or reliability of any information that is duly obtained after the usage of this Service. No advice or information that you may obtain from the Contents and the Software shall create any warranty not expressly stated therein.
You understand and acknowledge that the Service is being provided for “User Trials” and is made available on an “AS IS” and “AS AVAILABLE” basis. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and mobiles) connected thereto. The Winds strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. In addition, the Winds is not obligated to provide any maintenance, technical or other support for the Service.