Terms & Conditions


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 World, 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 “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 World
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 World, a partnership firm under the Indian Partnership Act, 1932, having its corporate office 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 “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 World
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 World, 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 World
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 World, 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 World
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.