Terms AND CONDITIONS of Access
These Terms & Conditions (“Terms”) of (a) use of our website "WWW.WInner's.com" (“Website”), our
applications (“Application”) or any products or services in connection with the Application/,
Website/products (“Services”) or (b) any modes of registrations or usage of products, including through
SD cards, tablets or other storage/transmitting device are between Think & Learn Private Limited
(“Company/We/Us/Our”) and its users (“User/You/Your”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology
Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended
from time to time.
with us, the use of the Application, Website, Services and products carefully before using the Application,
Website, Services or products. In the event of any discrepancy between the Terms and any other policies
with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or products or registration (with or
without payment/with or without subscription) through any means shall signify Your acceptance of the
Terms and Your agreement to be legally bound by the same.
the Services or products. Any access to our Services/Application/products through registrations/subscription
is non transferable.
The Website/Application is an online platform where users can gain access to materials that help
them prepare for subjects such as Science, Mathematics, etc. The User can register themselves online
and then gain access to the syllabus, questions, etc. (“Study Material”) after paying the money for the
Study Material. The Study Materials shall be unlocked based on the amount paid for such Study
Material. The Users shall make a yearly subscription for the Study Material from the platform.
The Company shall have no responsibility for any loss or damage caused to your any
hardware/software/other instrument, including loss of data or effect on the processing speed,
resulting from Your use of our Products and Services.
To use the services provided on the website and make purchases, it is compulsory to create an
account. A User may create an account on the Website which shall collect only Your basic information.
To create an account, you need to choose a username and password. You also have the option of
Saturday, August 8, 2020 3:10 PM
linking your social media accounts, such as Your Facebook or Google Plus account with the winner's
account, to create your Winner's Account. You must keep your account and registration details
current and correct for communications related to your purchases from the Website.
At the time of registration, the Company shall collect the following personally identifiable information
about you: Name - including first and last name, email address, mobile phone number and other
contact details, demographic profile (like your age, gender, address, etc.,). If you choose to link your
social media account with your winner's Account, we collect basic information about you from those
social media platforms, such as: name, age, gender, location and e-mail address. Information
You are solely responsible for protecting the confidentiality of your username and password and any
activity under the account will be deemed to have been done by you. In the event you provide us with
false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate
information has been furnished, we hold the right to permanently suspend your account.
Services on the Site would be available to only select geographies in India. Persons who are
“incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged
insolvents etc. are not eligible to use the Site.
However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use
the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of
Use. Winner's reserves the right to terminate or refuse your registration, or refuse to permit access to
the Site, if it is discovered or brought to its notice that you are a minor.
Transactions on the Website are secure and protected. Any information entered by the User when
transacting on the Website is encrypted to protect the User against unintentional disclosure to third
parties. The User’s credit and debit card information is not received, stored by or retained by the
Company / Website in any manner. This information is supplied by the User directly to the relevant
payment gateway which is authorized to handle the information provided, and is compliant with the
regulations and requirements of various banks and institutions and payment franchisees that it is
6. Access, Permissions and Restrictions
The Company grants you a limited sub-license to access and make personal use of the Site, but not to
download (other than page caching) or modify it, or any portion of it, except with express written
consent of the Company. Such limited sub- license does not include/permit any resale or commercial
use of the Site or its contents; any collection and use of any product listings, descriptions, or prices;
any derivative use of the Site or its contents; any downloading or copying of information for the
benefit of another merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written consent of the
Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the Website or of the
Company and/or its affiliates without the express written consent of the Company. You may not use
any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the
express written consent of the Company. You shall not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or networks connected to the Site or to any
server, computer, network, or to any of the services offered on or through the Site, by hacking,
‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or
share any information which:
1. belongs to another person and to which you do not have any right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,
invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages communicates any information
which is grossly offensive or menacing in nature;
7. impersonates another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign
states, or public order or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation; or
10. is misleading or known to be false in any way.
By using this Website, it is deemed that you have consented to receiving calls, auto dialed and/or prerecorded
message calls, e-mails, from Us at any time with the use of the telephone number and email
address that has been provided by you for the use of this website which are subject to the
Company and its partners.
This includes contacting you through information received through other parties. The use of this
website is also your consent to receive SMSs from Us at any time we deem fit. This consent to be
contacted is for purposes that include and are not limited to clarification calls and marketing and
promotional calls. The user can opt out from such communication and/or newsletters either by
unsubscribing on the Website itself, or by contacting the customer services team and placing a
request for unsubscribing by sending an email to support@Winner's.com
You may also be contacted by Service Providers with whom we have entered into a contract in
furtherance of our rights, duties and obligations under this document and all other policies followed
by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be
give out such contact information of yours to third parties not connected with the Website.
The following payment options are available on the Application:
1. Domestic and international credit cards issued by banks and financial institutions that are part of the
Visa, Master Card & Amex Card networks;
2. Visa & Master Card Debit cards;
3. Net banking/Direct Debit payments from select banks in India. A list of available options will be made
available at the time of the Purchase.
4. Cash Pick Up
5. Payment Wallets
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master
Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-
digit CVV number (usually on the reverse of the card) while making an online transaction. The User
must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or
any other applicable provider in order to complete the transaction. The User is hereby expressly made
aware that his/her card statements will reflect that a payment has been made in favor of the
The User is further aware that in case of third party statements, including bank and credit card
statements, the merchant name may appear in an abbreviated format, and the Company has no
control over the same. To successfully subscribe on the Website, the User is required to complete the
transaction by making the payment for the services opted for.
User will be charged a non-refundable enrollment fee along with the package subscription fee and the
tablet cost (if the same is included in the Subscription package). This is a one-time fee for providing
access to the Winner's platform and for guidance on using the platform (e.g., activation help, setting
up student's syllabus), counselling service if availed, cost of tablet (in case tablet device is included in
the Subscription package), cost for user verification and cost of payment gateway charges.
9. User Obligations
You are a restricted user of this website.
1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute,disseminate,
post, publish or create derivative works from, transfer, or sell any information orsoftware obtained
from the website. With our prior permission limited use may be allowed.For the removal of doubt, it
is clarified that unlimited or wholesale reproduction, copying ofthe content for commercial or noncommercial
purposes and unwarranted modification of dataand information within the content of the
Website is not permitted.
2. You agree not to access (or attempt to access) the Website and/or the materials or Services byany
means other than through the interface that is provided by the website. The use of deep-link, robot,
spider or other automatic device, program, algorithm or methodology, or anysimilar or equivalent
manual process, to access, acquire, copy or monitor any portion of theWebsite or Content, or in any
way reproduce or circumvent the navigational structure orpresentation of the Website, materials or
any Content, to obtain or attempt to obtain anymaterials, documents or information through any
means not specifically made availablethrough the Website. You acknowledge and agree that by
accessing or using the Website orServices, You may be exposed to content from other users that You
may consider offensive,indecent or otherwise objectionable. We disclaim all liabilities arising in
relation to suchoffensive content on the Website. Further, You may report such offensive content.
3. In places where this website allows you to post or upload data/information, You undertake toensure
that such material is not offensive and in accordance with applicable laws. Further, Youundertake not
1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal
rights of others;
2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the
servers and networks which are connected to the Website);
3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
5. Post any file that infringes the copyright, patent or trademark of other legal entities;
6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Website or another's computer;
7. Download any file posted by another user that you know, or reasonably should know, cannot be
legally distributed in such manner;
8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor
breach the security or authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or
visitor to, the Website, or any other customer of the website, including any website Account not
owned by You, to its source, or exploit the Website or Service or information made available or
offered by or through the Website, in any way whether or not the purpose is to reveal any
information, including but not limited to personal identification information, other than Your own
information, as provided for by the Website;
9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources,
accounts, passwords, servers or networks connected to or accessible through the Website or any
affiliated or linked sites;
10. Collect or store data about other users in connection with the prohibited conduct and activities set
forth in this Section;
11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these
Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes
the rights of this website or other third parties;
12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular
13. Violate any applicable laws or regulations for the time being in force within or outside India;
14. Violate the Terms of Service including but not limited to any applicable Additional Terms of the
Website contained herein or elsewhere;
15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular
16. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign
states, or public order or cause incitement to the commission of any cognizable offence or prevent
investigation of any offence or is insulting any other nation;
17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable
laws or regulations for the time being in force in or outside India;
18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of
which is prohibited or restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force;
19. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service
provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell
anyproducts or services, including, but not limited to, products or services related to that being
displayed onthe Website or related to us. You may not transmit any chain letters or unsolicited
commercial or junkemail to other Users via the Website. It shall be a violation of these Terms of
Service to use anyinformation obtained from the Website in order to harass, abuse, or harm another
person, or in order tocontact, advertise to, solicit, or sell to another person other than Us without Our
prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement orother government officials, as we, in our sole discretion, believe it
necessary or appropriate in connectionwith the investigation and/or resolution of possible crimes,
especially those that may involve personalinjury. In order to protect Our Users from such advertising
or solicitation, We reserve the right to restrictthe number of messages or emails which a user may
send to other Users in any 24-hour period which Wedeem appropriate in our sole discretion. You
understand that We have the right at all times to disclose anyinformation (including the identity of
the persons providing information or materials on the Website) asnecessary to satisfy any law,
regulation or valid governmental request. This may include, withoutlimitation, disclosure of the
information in connection with investigation of alleged illegal activity orsolicitation of illegal activity or
in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to
removeor edit any content that in its sole discretion violates, or is alleged to violate, any applicable
law or eitherthe spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN
SOLELYRESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE ANDIN YOUR
PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability forany Content
posted or for any claims, damages or losses resulting from the use of Content and/orappearance of
Content on the Website. You hereby represent and warrant that You have all necessaryrights in and to
all Content which You provide and all information it contains and that such Content shallnot infringe
any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwiseunlawful
10. Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all
text,programs, products, processes, technology, images, content and other materials which appear on
the Site.Access to or use of the Site does not confer and should not be considered as conferring upon
anyone anylicense to the Company or any third party’s intellectual property rights. All rights, including
copyright, inand to the Site are owned by or licensed to the Company. Any use of the Site or its
contents, includingcopying or storing it or them in whole or part is prohibited without the permission
of the Company.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos
andall related product and service names, design marks and slogans are the trademarks/service marks
of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the
property of their respective owners. No trademark or service mark license is granted in connection
with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use
any name, logo or mark in any manner. References on the Site to any names, marks, products or
services of third parties or hypertext links to third party sites or information are provided solely as a
convenience to you and do notin any way constitute or imply the Company’s endorsement,
sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such sites. If you decide to access a
link of any third party websites, you do so entirely at your own risk and expense.
11. Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by this website is on an "as is" basis without
warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of
title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the
foregoing, winner's makes no warranty that
1. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error free;
2. Materials, information and results obtained will be effective, accurate or reliable;
3. Any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to user content
arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Winner's
also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user
The user understands and agrees that any material or data downloaded or otherwise obtained
through the website is done entirely at his/her own discretion and risk and he/she will be solely
responsible for any damage to his/her computer systems or loss of data that results from the
download of such material or data. We are not responsible for any typographical error leading to an
invalid coupon. Winner's accepts no liability for any errors or omissions, with respect to any
information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement available on e-mail or
website with respect to the third party website or the products and services are for information
12. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless this website/company including but not limited to
its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims,
damages,demands, costs and expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result
from, or may be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms
of service. Further, you agree to hold us harmless against any claims made by any third party due to,
or arising out of, or in connection with, your use of the website, any claim that your material caused
damage to a third party, your violation of the terms of service, or your violation of any rights of
another, including any intellectual property rights.
In no event shall Winner's , its officers, directors, employees, partners or suppliers be liable to you,
the vendor or any third party for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or
whether or not we have been advised of the possibility of such damages, or based on any theory of
liability, including breach of contract or warranty, negligence or other tortious action, or any other
claim arising out of or in connection with your use of or access to the Website, Products, Services or
The limitations and exclusions in this section apply to the maximum extent permitted by applicable
This User Agreement is effective unless and until terminated by either you or the Company. You may
terminate this User Agreement at any time, provided that you discontinue any further use of the
Website.The Company may terminate this User Agreement at any time and may do so immediately
without notice,and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comment
sand to be indemnified pursuant to the terms hereof, shall survive any termination of this User
Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for
product(s) already ordered from the Site or affect any liability that may have arisen under the User
Agreement prior to the date of termination.
14. Hosting of Third Party Information
The website hosts information provided by third parties. We are in no manner responsible to you for
the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to
ensure such accuracy but we are not responsible for the information so furnished. You agree to not
hold us liable for the falsification of any such provided information.
15. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will
be resolved through a two-step Alternate Dispute Resolution mechanism.
1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators,the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
2. b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties.The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore
16. General Provisions:
• Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to support@Winner's.com.
• Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
• Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
• Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
• The Company provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
18. Contact Us
If you have any questions about this Agreement, the practices of winner's, or your experience with the Service, you can e-mail us at Support@winner's.com
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