The following content is an agreement between you and us.
These terms and conditions describe “Our” practices and your rights and
restricted activities as a user. “We” Winngoo, a company registered under the
Companies Act, with its registered office at New no.45 (Old no.17/1), Lattice
Bridge Road, Padmanabha Street, Adyar, Chennai, Tamilnadu - 600 020, along with
its employees, directors, and representatives.
These terms and conditions, along with the privacy policy
and disclaimer statements, detail the legal agreement between you, the
“User", and Winngoo based on the usage of this platform, “Winngoo Pages
India.”
The entire content, trademarks, logos, graphic images, and
other intellectual property published on this website belong to the owner of
the Winngoo. You can download and review the content, but you are not supposed
to publish the content on other platforms.
Winngoo Pages India is a business directory platform. We
flash the spotlight on local and small-scale businesses all over India. Through
this directory you can easily access your business within the radius of your
residence. Please be aware that the ads of properties, classifieds, and other
services were not placed by us but by our partnered third parties. We collect
some of your personal details, including your Name, Mail ID, Phone number and
address, during the registration. You must be 18 years old to sign the
agreement with Winngoo Pages India.
During the personal details submission, you agree to submit
true, accurate information. If we find that the details submitted to us are
untrue, then we might suspend or terminate your account without warning or
notice.
In case you don’t agree with our terms and conditions, then
you must stop using our service to avoid the conflicts.
As a user or non-user, before registering or using our
service, you must go through and agree with our terms and conditions along with
the privacy policy. These terms and conditions will also be applied
automatically to all the new features introduced on this website.
To join hands with us, you must sign up for Winngoo Pages
India as a merchant. To create a merchant account, you must provide certain
information, such as your name, email or mobile number, and your precise
location. You agree to provide accurate and updated information to us.
Upon registering successfully, you should log in to your
account using your registered mail ID or mobile number to be remembered by us.
We also gather some technical information about your device
from which you access our site and services. Technical data including the IP
address of your computer, the IP address of your ISP, and other attributes of
your computer, such as operating system, resolution, and browser software.
These types of data were collected to enhance your browsing experience,
maintain security, and improve their services.
You must safeguard your password. You are fully responsible
for maintaining your account credentials. A wise suggestion for the user to
change your password from time to time. The password should be a sequence of
alphabets, containing one number and a special character.
Don’t use your password for any unauthorized purpose.
As a user, you have the right to access or change the
information you provide to us during the registration process. Even if you want
to take down your account from Winngoo, you can close your account by sending
your written consent to our official mail ID. Your request will be taken into
consideration and processed within 7 business days.
5. Intellectual Property Rights
Winngoo Pages India is the sole and exclusive owner of all
Intellectual Property Rights (IPR) pertaining to the website and its entire
content, including but not limited to Text, Logos, Images, Designs,
Audio-visual elements, and Source code. These rights are protected under
● The
Copyright Act, 1957 (Sections 13, 14, 51, 63) ● The Trade Mark Act 1999 ● The
Design Act, 2000.
All such content is either the proprietary property of
Winngoo Pages India or licensed to it. No part of the content may be copied,
modified, reproduced, republished, uploaded, posted, transmitted, or
distributed in any form or by any means without the prior written consent of
Winngoo Pages India. Any and may result in Civil or Criminal liability under
applicable laws, including but not limited to Section 63 of the Copyrights Act,
1957 (which provides for Imprisonment of up to 3 years/ or fine.)
Users of the website acknowledge and agree that all content
and third-party advertisements are provided for general informational purposes
only. Winngoo Pages India makes no representations or warranties, express or
implied, as to the accuracy, completeness, or reliability of the content or
advertisements displayed on the website. The use of such information is
strictly at the user’s own risks. Winngoo Pages India shall not be held liable
for any loss or damage, whether direct, indirect, consequential, incidental, or
special arising from the use of or reliance upon any content, advertisement, or
third-party material
Users agree and undertake not to upload, post, transmit or
otherwise make available any content that infringes upon the intellectual
property or other proprietary rights of any third party. Users shall ensure
compliance with all applicable laws, including the Information Technology
Act,2000 and the Copyright Act, 1957, while using the services of the website
Winngoo Pages India reserves the unconditional right to
suspend or permanently deny access to any user
without prior notice or liability in the event of any breach of these
terms or applicable legal provisions. This includes, but is not limited to,
violations involving unauthorized use of copyrighted content or trademarks, or
misuse of the platform in any manner contrary to the intended purpose of the
website
Further, the content and services provided through the
website are offered “as is” without warranties of any kind, whether express or
implied. Winngoo Pages India expressly disclaims any warranties, including but
not limited to warranties of merchantability, fitness for a particular purpose,
or non-infringement.
6.1 Content Responsibility:
Winngoo Pages India cannot review the entire content that
gets posted on the website. We cannot assure or take responsibility for its
accuracy over the content.
6.2 Precautions for Visitors:
Visitors should be aware that the website may have
offensive, inaccurate material that may affect their device. So be aware while
clicking on any links or pop-up ads.
6.3 Disclaimer:
Users must report if they find any offensive or hateful
material via the report link or email. Winngoo Pages India is not responsible
for any problems or harm caused by using or downloading content from the
platform.
6.4 Action on Violations:
Based upon the complaints and reports, Winngoo Pages India
will remove the content. Also, if the user commits the mistake of breaching the
terms and conditions, then that particular user account will be terminated.
7. Not Liable for Disruptions.
Winngoo Pages India, including its directors, employees,
officers, agents, affiliates, licensors, and service providers (collectively
referred to as “the Company”), shall not be held liable for any loss, damage,
delay or failure in performance arising out of or in connection with the use of
the platform caused by circumstances beyond its reasonable control.
Service interruptions or failures may occur due to Force
Majeure events which are understood to include but are not limited to
●
Technical
or Equipment Failures- including crashes, hardware malfunction
●
Disruption
in Telecommunications or Internet Services- including failure of internet
service providers, power outages, mobile network disruptions
●
Acts of
God or Natural Calamities- including but not limited to floods,
earthquakes, cyclones, stroms, pandemics and epidemics.
●
Human-induced
Events- such ad wars, armed conflicts, riots, civil; disturbances, strikes
( including industrial/labor strikes), lockouts, or other similar occurences.
References: Under Indian Contract law, particularly Section 32 and 56 of the Indian Contract
Act, 1872, a contract may become void if it becomes impossible to perform
due to unforeseen and uncontrollable circumstances (doctrine of frustration or
force majeure).
The Company does not warrant that:
●
The platform will operate uninterrupted or
error-free,
●
All features and functionalities will be
available at all times, ● The platform is immune from technical issues or cyber threats.
Winngoo Pages India shall not be liable for:
●
Any direct, indirect, incidental, special, or
consequential damages,
●
Including loss of data, loss of revenue, loss of
business opportunities, or loss of goodwill,
●
Arising out of the use or inability to use the
platform.
This
Limitation of liability is aligned with Section
73 of the Indian Contract Act,1872, which allows parties to limit damages
to those that arise in the usual course of things.
By
using the platform, users acknowledge and accept that they are accessing the
service at their own risk, and agree that Winngoo Pages India shall not be held
accountable for any consequences resulting from interruptions in service
8. Indemnification:
By
accessing or using the services provided by Winngoo Pages India, you (“the User”) agree to fully indemnify,
defend and hold harmless Winngoo Pages India, including its directors,
officers, employees, agents, licensors, affiliates, amd representatives
(collectively referred to as the Indemnified Parties) from and against any and
all claims, demands, loses, liabilities, damages, penalties, costs or expenses
(including reasonable legal fees and costs) arising out of or relating to:
●
Your use or misuse of the platform
●
Any breach or violation of these Terms and
Conditions
●
Any violation of applicable laws, rules, or
regulations
●
Any infringement of third-party rights,
including intellectual property rights,
●
Any fraudulent, negligent, or unlawful behaviour
committed by you or any person acting on your behalf.
If
you are using the platform on behalf of a business entity (such ad company,
partnership, or organization), then such entity shall also be deemed to have
agreed to indemnify and hold harmless Winngoo Pages India in accordance with
this clause. The business shall be jointly and severally liable for any claims,
liabilities, or damages resulting from its actions or from your use of the
platform on its behalf.
In the event that your actions, omissions, or violations
result in any form of
Monetary
or reputational loss to Winngoo Pages India, you expressly agree that Winngoo
Pages India shall have the right to recover such losses from you, including by
legal means. This includes, but is not limited to:
●
Reimbursement for legal costs incurred in
defending against third-party claims,
●
Compensations for damages or settlements paid to
third parties.
●
Payment for administrative or operational costs
incurred due to your actions
You
shall be solely responsible for all activities carried out through your
account. In the case of fraudulent activity, impersonation, unauthorized access
or breach of any applicable law, you agree to bear all related financial
liabilities, legal consequences, and penalties.
● This indemnity clauses in accordance
with the principles under Section 124
& 125 of the Indian Contract Act, 1872, which provide that a party who
has suffered loss due to the act of another has the right to be indemnified
9.1 Professional Communication standards:
All
communications to Winngoo Pages India shall be directed exclusively through the
official email address provided on the platform. Users are expected to engage
in courteous, respectful, and professional conduct in all such interactions:
● Any communication that involves abusive language, threats,
defamation or harassment will be deemed a violation of these Terms and may
attract both Civil and Criminal Liability under:
c. The
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act,2013, where applicable Winngoo Pages India reserves the right to
initiate appropriate disciplinary or legal action, including blocking of email
IDs, reporting to authorities, or termination of user access.
9.2 Prohibited conduct and Activities:
The following activities are expressly prohibited and
constitute a material breach of these terms:
Users
shall not use the platform to threaten, harass or intimidate others including other
user employees or representatives of Winngoo Pages India. Such behaviour may
attract criminal charges.
b.
Financial Misconduct:
Given
the involvement of monetary transactions, any manipulation, misuse or
unauthorized access of the financial system or transactions modules of the
platforms shall be treated as a serious offences, potentially invoking:
● Section
43, 65 & 66 of the Information Technology Act, 2000 (data, theft, hacking) ● Section 420 of Indian Penal Code
(cheating and dishonestly including delivery of property
Winngoo
Pages India will never request sensitive information. Users receiving such
emails must report them immediately to the official support channel
d.
Spamming and Unsolicited Communications:
Users
are prohibited from sending unsolicited promotional content, bulk messages,
off-platform product/service advertisements. This includes email or any other
method of communication and may invoke action under Section 79(3)(b) of the IT Act,2000 and applicable anti-spam
protections
Using
Virtual Private Networks or any other method to bypass location-based or system-based restrictions is strictly
prohibited. Violation may result in immediate account suspension, Investigation
under Section 66 of the Information
Technology Act, 2000
f.
Harassment and Criminal Conduct Against Representatives.
No user
shall engage in behaviour that harms, harases, threatens, uses criminal force
or abuses any employee, director, representative or affiliate of Winngoo Pages India. Violation may face
prosecution under section 323, 354, 506
& 509 of Indian Penal Code, along with account termination
Winngoo Pages India reserves the right, as it sole
discretion, to take any or all of the following actions upon violation of the
above provisions
●
Temporary or Permanent suspensions of the user’s
account
●
Termination of membership or subscriptions
●
Restrictions or Blocking of specific platform
features, ● Reporting to the user to law enforcement authorities
As the time flies by, some of the rules and conditions in
these terms might be irrelevant or against the law or unenforceable. If we find
that sort of condition, we will remove those specific parts. Although the rest
of the rules will be valid and continue to be in practice.
Using this platform is completely your responsibility and
risk. Winngoo Pages India doesn't guarantee that the site will meet your needs,
be error-free, or operate without interruptions. Any warranties for products or
services on the platform are the responsibility of the product owner,
advertiser, or manufacturer, not Winngoo Pages India.
We do not guarantee you about the platform’s operations,
including the following points:
●
Meeting your requirements.
●
Being uninterrupted, secure, or error-free
●
The quality or reliability of products,
services, or information. ● Timely correction of software errors.
Apart from all, if you face loss or damages upon
downloading third-party applications, we are not responsible for the damage,
and we don’t provide any compensation. You agree to protect Winngoo Pages India
against damages and issues arising due to your content or violations of these
terms and conditions.
To the fullest extent permissible under applicable laws in
India, Winngoo Pages India, including its directors, officers, employees,
affiliates, licensors, agents, and representatives ( collectively, “the
Company”), shall not be held liable for any direct, indirect, incidental,
consequential, special exemplary, or punitive damages, including but not
limited to:
a.
Loss of profits or revenue,
b.
Loss of business opportunities
c.
Loss of data
d.
Loss of goodwill
e.
Any other commercial or economic loss,
Without limiting the generality of the above, the Company
shall not be liable for any damages resulting from:
a.
Inability to access or use the platform or service due
to outages, errors, or system maintenance:
b.
The cost incurred by the user to obtain replacement
goods or services resulting from any transaction or failure of transaction
conducted via the platform;
c.
Unauthorized access to or alteration of your
transmissions or data due to security breaches or hacking;
d.
Actions, omissions, or content of any third parties,
including statements made by other users or external service providers;
e.
Any delays, service failures, or other problems
inherent in the use of electronic communications, including but not limited to
the internet, mobile networks, or other communication channels.
In
the event that Winngoo Pages India is found Legally liable to any user
notwithstanding the above provisions, the total liability of the company shall
be strictly limited to the amount paid by the user to the company for the
specific service or transaction in question
This clause shall be construed in accordance with:
a.
Section 73 & 74 of the Indian Contract Act, 1872,
which govern compensation for loss or damage caused by breach of contract and
prescribe that damages must be reasonable and foreseeable
b.
Section 79 of the Information Technology Act, 2000,
which provides for exemption from liability of intermediaries in relation to
third-party information, data or communication links.
The
user acknowledges that the services are provided on an “as-is” and
“as-available” basis, and agrees that the exclusions and limitations of
liability set forth herein are reasonable and form the basis of the bargain
between the parties.
The
platform and services of Winngoo Pages India are primarily intended for access
and use within the territory of the Republic of India, and the Company makes no
representation or warranty that the services or products are appropriate or
available for use in all regions of India or in any jurisdiction outside india.
The company reserves the exclusive right, at its sole discretion, to restrict,
suspend, or terminate the availability of any service, feature, or product in
specific geographic locations, jurisdictions, or states within India, based on
operational feasibility, regulatory requirements, or business stratergy.
All
services offered by the company are subject to compliance with the applicable
laws, rules, regulations, and governmental policies of india, including but not
limited to:
a.
The Information Technology Act,2000,
b.
The Consumer Protection Act,2019
c.
Goods and Services Tax (GST) laws,
d.
State-specific commercial laws were applicable
Users
are responsible for ensuring that their use of the platform complies with the
laws and regulations of the jurisdiction in which they reside or access the
platform.
Users
accessing the platform or availing services from a foreign jurisdiction do so
voluntarily and at their own risk, and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable. Winngoo Pages
India disclaims any liability, responsibility, or obligation for violations of
foreign laws or regulations that may result from such cross-border access or
usage
The
company does not guarantee the legality, availability, or suitability of its
services or content in jurisdictions outside India. Any attempt by a foreign
user to use or contract services shall not impose any legal obligation on the
Company unless explicitly provided for under Indian law.
While using or registering with Winngoo Pages India, we
might request you to provide certain data about you or about the product or
service. By doing so, you give us the right to store and use it for future
development. This includes showing your information on the platform, making it
searchable, and, as per our privacy policy, repackaging and selling it to
others.
15. Termination:
Winngoo Pages India (“the Company”) reserves the sole and
absolute right, without prior notice or liability, to restrict, suspend, or
terminate access to the platform or specific features thereof, in whole or in
part, for any user or class of users, at any time and for any reason deemed
appropriate by the Company, including but not limited to operational, legal, or
security concerns. This termination clause shall apply to both consumer users
(free access) and merchant users (subscribed or paid members), subject to the
provisions outlined below.
Merchant users availing of paid services or subscriptions
acknowledge and agree that their membership or subscription may be temporarily
or permanently terminated by the company under any of the following conditions:
A.
Submission of false, misleading, or fraudulent
information during the registration or verification process;
B.
Violation or breach of any of the terms, conditions,
policies, or rules contained in this agreement or any policy referred to
herein;
C.
Engagement in fraudulent, unlawful, or unethical
activities, including violations under The Information Technology Act,2000, The
Indian Penal Code,1860 and other applicable laws and regulations.
D.
Use the platform for sending spam, phishing, or
unsolicited communications;
E.
Uploading, sharing or publishing irrelevant, deceptive,
or unrelated content;
F.
Involvement in harassment, abuse, or threats directed
at other users, employees or affiliates;
G.
Any attempt to gain unauthorized access, use or
modification of the Company’s website, systems, or data;
H.
Engaging in hacking, account tampering, or theft of
credentials
I.
Activity that is deemed suspicious, fraudulent or
detrimental to the safety, stability or integrity of the platform or its users.
In the event of termination for cause (i.e., any of the
reasons listed above), no refund shall be issued for any membership or
subscription fees already paid by the user.
In cases where termination or service interruption occurs
due to technical or operational failures not arising from user misconduct, the
company may, at its sole discretion. Offer a pro-rated or partial refund, after
deducting any applicable administrative or processing charges.
This Agreement shall be governed by and construed in
accordance with the laws of the Republic of India, without regard to its
conflict of law principles. The parties agree that the terms herein are subject
to all applicable Central and State laws, including but not limited to the
Indian Contract Act, 1872, Information Technology Act, 2000 and Consumer
Protection Act, 2019, where applicable.
In the event of any dispute, controversy or claim arising
out of or relating to this Agreement or the breach, termination, or validity
thereof, the parties shall first attempt to resolve the dispute amicably
through mutual discussions or mediation within a period of thirty (30) days
from the date on which the dispute is formally notified in writing by either
party
If the dispute remains unresolved after the 30-day
mediation period, such dispute shall be finally resolved through arbitration in
accordance with the provisions of the Arbitration and Conciliation Act, 1996,
including any amendments thereto;
a.
The arbitration shall be conducted by a sole
arbitrator, who shall be appointed
exclusively by Winngoo Pages India.
b.
The seat and venue of arbitration shall be Chennai,
Tamil Nadu, India
c.
The language of the arbitration proceedings shall be
English
d.
The decision or award of the arbitrator shall be final,
binding, and enforceable on all parties concerned.
Any claim or cause of action arising out of or related to
the use of the platform or services, or this Agreement, must be filed within
one year from the date on which such cause of action arose. Failure to initiate
proceedings within the said period shall result in a permanent bar of the claim
notwithstanding any statute or law to the contrary.
Subject to the arbitration clause above, the courts
situated in Chennai, India shall have exclusive jurisdiction over any matters
arising from or related to this agreement.
As the time flies by, we might change these terms and conditions. Therefore, the revised terms and conditions will be posted on this respective page with the text indicating the updated version. The update regarding the terms will be notified to you through mail. The users are advised to check the terms and conditions from time to time to avoid the unnecessary chaos. If you disagree with any of the points with the updated terms, then the user must stop using our service. If you continue to use the service, then we consider that you fully agree with the updated terms.
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