1. INTRODUCTION & ACCEPTANCE OF TERMS

1.1 Purpose and Scope
These Terms and Conditions (“Terms”) establish the legally binding framework governing access to and use of all digital platforms, applications, and services operated by Winngoo India Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in Chennai, Tamil Nadu, India (hereinafter referred to as “Winngoo India”, “Company”, “we”, or “us”).

1.2 Application of Terms
These Terms apply to all users, including but not limited to individual members, business partners, merchants, and corporate entities, who access, browse, register, or transact through the Winngoo India platform, including its website (insert email), mobile application, or any associated digital interface (collectively, the “Platform”).

1.3 Acceptance and Consent
By registering an account, purchasing a membership, or otherwise engaging with any service provided by Winngoo India, the User (“you”, “your”, or “Member”) expressly acknowledges and agrees that they have read, understood, and consented to be bound by these Terms, together with any supplementary policies, including but not limited to the Privacy Policy, Refund Policy, and Anti-Fraud Policy.

1.4 Binding Agreement
These Terms constitute a legally enforceable agreement between Winngoo India and the User under applicable Indian laws. Continued access or use of the Platform following any amendment constitutes acceptance of such modifications.

1.5 Amendments and Updates
The Company reserves the absolute right, at its discretion and without prior notice, to modify, amend, or update any clause of these Terms to align with changes in law, technology, or business operations. The updated Terms shall take effect immediately upon publication on the Platform.

1.6 Territorial Limitation
The Platform and its services are primarily intended for users located within the Republic of India. Access by users from outside India shall be subject to compliance with local laws, and Winngoo India disclaims any liability arising therefrom.

2. DEFINITIONS & INTERPRETATIONS

2.1 Definitions
Unless the context otherwise requires, the following expressions shall have the meanings assigned to them herein:

“Account” – refers to the unique digital profile registered by a User on the Platform for availing services.

“Applicable Law” – means all statutes, notifications, rules, regulations, and governmental directives enforceable within the Republic of India.

“Business Partner” or “Merchant” – denotes a registered commercial entity offering discounts, rewards, or promotions via the Platform.

“Cashback Wallet” – refers to a digital repository within a Member’s account where cashback or referral rewards are credited.

“Data Protection Rules” – means the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

“Loyalty Points” or “Points” – represent non-monetary reward credits earned by Users through qualified activities on the Platform.

“Member” – means any individual or entity that has paid the prescribed annual membership fee of ₹1200 and whose account has been duly verified and activated by the Company.

“Platform” – collectively refers to the Winngoo India website, application, database systems, and backend technology infrastructure.

“Referral Program” – refers to the reward mechanism under which Members earn monetary cashback for successful referrals.

“Services” – include all features, functions, tools, and programs offered under the Winngoo India ecosystem.

“User Data” – means any personal, transactional, or behavioural data submitted or generated through the Platform.

2.2 Interpretation Rules
a. Words denoting the singular include the plural and vice versa.
b. Headings are for convenience only and do not affect the interpretation of any clause.
c. References to statutes or legal provisions shall include all amendments or re-enactments thereof.
d. References to “days” shall mean calendar days unless otherwise specified.

3. ELIGIBILITY & MEMBERSHIP REGISTRATION

3.1 Eligibility Criteria
Only natural persons who are at least eighteen (18) years of age and possess full legal capacity under Indian law may register as Members. Corporate entities, partnerships, or other organizations must be duly incorporated or registered in India to qualify as Business Partners.

3.2 Mandatory Documentation
Each applicant must furnish true, accurate, and complete personal or business identification details, including but not limited to Aadhaar, PAN, GST number, or other government-issued documents, as may be required for verification.

3.3 Verification Process
The Company reserves the right to conduct Know-Your-Customer (KYC) verification before activating any account. The verification process may involve authentication of payment information, address proof, and digital identity confirmation.

3.4 Membership Activation
Registration shall be deemed complete only upon full payment of the applicable membership fee, submission of valid documents, and issuance of a digital confirmation by the Company.

3.5 Right to Refuse Registration
Winngoo India retains absolute discretion to reject or cancel registration if it believes, in good faith, that the applicant’s credentials are false, incomplete, or potentially fraudulent.

3.6 Non-Transferability
Memberships and related benefits are personal to the Member and may not be transferred, sold, or assigned to any third party without prior written consent of the Company.

3.7 Ongoing Obligations
Members must promptly update their account information to ensure accuracy at all times. Any communication sent to the last recorded contact address shall be deemed duly served.

4. MEMBERSHIP FEES AND PAYMENT TERMS

4.1 Membership Fee Structure
The annual membership fee shall be ₹1200 (Indian Rupees One Thousand Two Hundred only) or such other amount as may be notified by the Company from time to time.

4.2 Mode of Payment
Payments shall be made exclusively through secure digital channels integrated within the Platform, such as UPI, debit/credit cards, or authorized payment gateways. Cash payments shall not be accepted.

4.3 Tax Compliance
All payments shall be subject to applicable Goods and Services Tax (GST) or other statutory levies under Indian law. The Company shall issue a tax-compliant invoice to each Member upon successful payment.

4.4 Non-Refundable Nature
The membership fee is strictly non-refundable and non-transferable, except in limited cases of proven double payment or verified technical malfunction, as determined solely by the Company.

4.5 Membership Duration
Each membership shall remain valid for twelve (12) months from the date of activation. Renewal shall be required prior to expiry to maintain continuity of benefits.

4.6 Renewal and Price Revisions
The Company may revise membership fees or introduce new tiers upon renewal. Members shall be informed of such changes through the Platform or official communication at least fifteen (15) days prior to the effective date.

4.7 Default or Failed Payments
Failure to complete payment or renewal within the stipulated time may result in suspension of benefits until dues are settled.

4.8 Receipts and Record-Keeping
Digital receipts and invoices generated by the Platform shall serve as conclusive evidence of payment.

5. REFERRAL PROGRAM & CASHBACK POLICY

5.1 Purpose of the Program
The Referral Program incentivizes existing Members to introduce new users to the Platform by offering monetary cashback rewards upon successful completion of a referred registration.

5.2 Eligibility for Participation
Only active Members with a verified account and no outstanding dues are eligible to participate in the Referral Program.

5.3 Successful Referral Definition
A “Successful Referral” shall mean the instance where a referred person registers as a Member, completes full payment using the referrer’s unique referral code, and passes Company verification checks.

5.4 Reward Amount and Credit Timeline
Each successful referral entitles the referrer to ₹300 (Indian Rupees Three Hundred) credited to their Cashback Wallet within fifteen (15) working days following verification of authenticity.

5.5 Fraud Detection and Audit Rights
All referral transactions are subject to audit. The Company reserves the right to withhold or revoke cashback if it determines any referral to be fraudulent, duplicated, or in violation of these Terms.

5.6 Referral Limitations
To prevent misuse, Winngoo India may impose limits on the total number of referral rewards claimable by a single Member within a specific period.

5.7 Non-Employment Disclaimer
Referral earnings do not constitute salary, commission, or any form of employment income. Members act in an independent capacity and shall not represent themselves as agents of the Company.

5.8 Forfeiture Clause
In cases of account suspension or violation of these Terms, all uncredited or pending referral rewards shall stand forfeited without notice.

6. LOYALTY POINTS, REWARDS & REDEMPTION

6.1 Nature of Points
Loyalty Points (“Points”) are digital reward credits allocated to Members and Business Partners in recognition of eligible transactions conducted through or in association with the Platform. Points are a discretionary benefit extended by the Company and do not constitute currency, securities, or financial instruments under any applicable law.

6.2 Earning of Points by Members
a. Members shall earn 0.1 Point for every ₹1 discount availed through verified purchases with registered Business Partners.
b. Only transactions completed via the Platform or through verified merchant integrations shall qualify for Point accrual.
c. Points shall not accrue in respect of cancelled, refunded, or disputed transactions.
d. Points may also be granted as part of special campaigns, seasonal promotions, or community initiatives at the sole discretion of the Company.

6.3 Earning of Points by Business Partners
a. Business Partners shall earn 1 Point for every ₹1 discount or reward legitimately extended to Members through the Platform.
b. Such Points shall serve as goodwill or contribution credits under the Winngoo India ecosystem and may be redeemable as per Company policy.

6.4 Redemption Policy
a. Accumulated Points may be redeemed for cash equivalents, merchandise, gift vouchers, equity-linked benefits, or other rewards determined by the Company at the time of redemption.
b. Redemption requests shall be processed subject to verification of Member identity and compliance with applicable redemption thresholds.
c. The Company reserves the right to alter conversion ratios, redemption values, or reward catalogues without prior notice.

6.5 Validity and Expiry
a. All Points shall carry a validity period as notified from time to time. Unredeemed Points beyond such period shall automatically lapse.
b. The Company shall not be obligated to provide prior notice of expiry, and Members shall be solely responsible for tracking their Point balances.

6.6 Non-Transferability and Restrictions
a. Points are personal and non-transferable. They may not be sold, bartered, assigned, or pledged to any third party.
b. Any attempt to manipulate Point accrual or redemption, including artificial transaction generation, shall result in immediate forfeiture and possible legal action.

6.7 System Integrity
The Company employs secure ledger mechanisms for the computation and recording of Points. Users acknowledge that the digital ledger maintained by the Company shall constitute conclusive evidence of Point balances.

6.8 Modification of Program
The Company may modify, suspend, or discontinue the Loyalty Program at any time, with or without notice. In such event, accumulated Points may be subject to expiration or adjusted redemption value at the sole discretion of the Company.

7. BUSINESS PARTNERSHIP TERMS

7.1 Eligibility and Registration
a. Only duly incorporated entities, registered firms, or licensed proprietorships may login as Business Partners (“Merchants”).
b. Each applicant shall provide valid GST registration, business license, and proof of operational address prior to approval.

7.2 Verification and Onboarding
a. All business listings are subject to authentication by the Company to ensure legitimacy and compliance with applicable Indian laws.
b. The Company reserves the right to request additional documentation or conduct physical or virtual verification.
c. Approval or rejection of applications shall be at the sole discretion of the Company and need not be accompanied by justification.

7.3 Business Conduct Obligations
Business Partners agree and undertake to:
a. Publish only genuine offers, discounts, and pricing structures;
b. Ensure that offers are valid, redeemable, and not misleading in any respect;
c. Honour all commitments advertised through the Platform;
d. Maintain adequate inventory or service capacity to fulfill offers;
e. Abstain from manipulating data analytics, fake reviews, or performance metrics.

7.4 Use of Platform
a. Business Partners shall access the Platform solely through authorized credentials.
b. All listings, media, and descriptions uploaded by the Merchant must comply with applicable advertising and consumer protection laws.
c. The Company may remove or modify any content that is inaccurate, unlawful, or detrimental to its reputation.

7.5 Points and Rewards for Businesses
a. Businesses shall earn Points for verified offers successfully redeemed by Members.
b. Such Points may be used toward advertising credits, promotional visibility, or other incentives offered under the Platform’s business reward policy.

7.6 Data Sharing and Confidentiality
a. Business Partners acknowledge and consent to the Company’s use of aggregated transaction data for analytics, performance metrics, and promotional reporting.
b. Confidential commercial data shall not be shared externally without express consent, except as required by law.

7.7 Compliance with Law
All Business Partners shall comply with applicable laws relating to taxation, consumer protection, labour, and digital commerce. Non-compliance may result in delisting and reporting to competent authorities.

7.8 Suspension and Termination
a. The Company may suspend or terminate any Business Partner account without prior notice upon discovery of fraudulent practices, misrepresentation, or legal violation.
b. In such cases, all accrued Points, listings, or pending payments may be forfeited.

7.9 Independence of Parties
Nothing contained herein shall constitute a partnership, joint venture, or agency relationship between the Company and any Business Partner. Each shall operate as an independent entity.

7.10 Advertising and Brand Usage
Business Partners may use the Winngoo India brand name or logo only upon prior written consent and in accordance with the official brand guidelines provided by the Company.

8. EARNINGS, DISCOUNTS & OFFER CONDITIONS

8.1 Nature of Offers
All discounts, cashback schemes, and promotional offers published on the Platform are extended directly by respective Business Partners. The Company functions solely as a digital facilitator and technology provider.

8.2 No Warranty or Endorsement
Winngoo India does not guarantee the quality, accuracy, or availability of any third-party offer. Inclusion of an offer on the Platform shall not be construed as endorsement, representation, or warranty of performance by the Company.

8.3 Member Responsibilities
Members are required to verify offer validity, merchant reputation, and transaction details prior to availing any discount or reward. The Company disclaims liability for losses arising from reliance on unverified offers.

8.4 Transaction Validity and Verification
a. Only transactions conducted through verified merchant interfaces or QR codes registered on the Platform shall qualify for cashback or Points.
b. Any transaction disputed by the merchant, reversed, or refunded shall render the associated rewards void.

8.5 Cashback Credit Procedure
a. Eligible cashback amounts shall be credited to the Member’s Cashback Wallet within fifteen (15) working days post verification.
b. The Company may, at its discretion, withhold or delay crediting until transaction authenticity is confirmed.

8.6 Revocation of Rewards
The Company reserves the right to cancel or reverse any cashback or reward found to be associated with fraudulent, incomplete, or duplicate transactions.

8.7 Discrepancies and Errors
In case of computational or system errors, the Company’s verified transaction records shall be final and binding. Users agree that inadvertent credit of benefits may be reversed without prior notice.

8.8 Third-Party Transaction Liability
Winngoo India shall not be liable for disputes, non-delivery, pricing errors, or breach of contract between Members and Merchants. All claims must be addressed directly with the concerned Business Partner.

8.9 Offer Modifications and Termination
The Company or participating Business Partners may modify or withdraw any offer without notice. Members acknowledge that offers are subject to availability and may change dynamically.

8.10 Prohibited Manipulations
Users and Businesses are strictly prohibited from:
a. Artificially inflating transaction values;
b. Creating false orders;
c. Circulating fictitious referrals or cashback claims;
d. Exploiting system bugs or automation tools. Violation shall attract immediate account suspension, forfeiture of all earnings, and potential legal proceedings under the Information Technology Act, 2000 and the Indian Penal Code.

8.11 Tax and Legal Compliance
All benefits derived through offers or cashback may attract taxation under the Income Tax Act 1961. Users are independently responsible for compliance and declaration thereof.

8.12 Limitation of Responsibility
Under no circumstance shall the Company be liable for merchant default, delivery delays, or service deficiency associated with third-party offers.

9. CHARITABLE CONTRIBUTIONS AND TRANSPARENCY

9.1 Purpose and Commitment:
Winngoo India Private Limited (“the Company”) recognizes the importance of corporate social responsibility (CSR) and is committed to contributing to charitable causes and social welfare projects that benefit underprivileged communities across India.

9.2 Allocation of Funds:
A minimum of five percent (5%) of all membership fees collected annually shall be allocated to a designated CSR fund. The fund shall be utilized exclusively for charitable donations, community upliftment, education programs, health awareness campaigns, and environmental initiatives.

9.3 Verification of Beneficiaries:
All recipients of donations must be registered non-profit organizations (NPOs) or Non-Governmental Organizations (NGOs) duly recognized under Indian law, including registration under the Income Tax Act, 1961 (Section 12A/80G) or the Companies Act, 2013 (Section 8).

9.4 Transparency and Disclosure:
The Company shall publish annual CSR impact summaries on its official website, highlighting donation amounts, supported organizations, and measurable impact outcomes. Members may request copies of such reports through written communication.

9.5 Discretionary Nature:
Charitable allocations are voluntary contributions made from Company revenues and are not claimable, refundable, or transferable by Members. Members acknowledge that these contributions do not create any ownership, interest, or financial right over the donated funds.

9.6 Independent Oversight:
Winngoo India may engage independent auditors or third-party assessors to review and verify CSR expenditures. Findings of such audits may be disclosed in the annual transparency report.

10. USER RESPONSIBILITIES & REPRESENTATIONS

10.1 Accuracy of Information:
Users shall provide truthful, complete, and verifiable personal information at the time of registration. Misrepresentation of identity, contact details, or business credentials shall constitute a material breach of these Terms.

10.2 Account Security:
Each Member shall maintain the confidentiality of their login credentials, including passwords and two-factor authentication (2FA) codes. The Company shall not be liable for any unauthorized account activity arising due to user negligence or sharing of credentials.

10.3 Compliance with Law:
All Users must comply with applicable Indian laws, including but not limited to:

• The Information Technology Act, 2000;
• The Indian Penal Code, 1860 (provisions relating to fraud and impersonation);
• The Prevention of Money Laundering Act, 2002;
• Goods and Services Tax Act, 2017; and
• Consumer Protection Act, 2019.

10.4 Proper Use of Platform:
Members shall use the Platform only for legitimate purposes, such as availing rewards, accessing discounts, or engaging in referral activities in good faith. Any attempt to manipulate offers, falsify referrals, or exploit system vulnerabilities will invite immediate suspension.

10.5 Reporting Obligations:
Members are encouraged to promptly report suspicious activities, fraudulent transactions, or unauthorized access attempts to the Company via [insert email]. Prompt reporting may assist in mitigating potential losses.

10.6 Liability for Misuse:
Users acknowledge that all actions performed through their account are deemed to have been authorized by them. The Company reserves the right to hold Members liable for damages arising from unauthorized or malicious use.

11.USER CONDUCT & PROHIBITED ACTIVITIES

11.1 Ethical Use:
The Platform shall be used solely in a manner consistent with the values of honesty, integrity, and fair play. Users shall not undertake any actions that undermine the trustworthiness or reputation of Winngoo India.

11.2 Prohibited Activities Include:
a. Creation of multiple or fake accounts to misuse referral or cashback programs.
b. Manipulation of transaction data, screenshots, or invoices to claim false rewards.
c. Uploading or disseminating malware, viruses, or malicious scripts.
d. Use of automation tools, bots, or AI scripts to generate artificial activity.
e. Impersonation of another individual, entity, or brand.
f. Posting defamatory, obscene, or inflammatory content.
g. Unauthorized extraction, scraping, or resale of platform data.
h. Attempting to bypass or hack the Company’s digital systems.
i. Misusing consumer feedback or review systems to influence business listings unfairly.

11.3 Enforcement and Penalties:
Violations may lead to immediate termination of the User’s account, forfeiture of accumulated points and cashback, and referral to competent authorities under Indian Cybercrime Laws.

11.4 Monitoring and Compliance:
The Company employs continuous monitoring tools to detect fraudulent behaviour. All data collected in this regard shall comply with applicable privacy laws.

12. DATA PROTECTION, PRIVACY & CONFIDENTIALITY

12.1 Commitment to Privacy:
Winngoo India respects user privacy and implements industry-standard practices in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023.

12.2 Data Collection:
Information collected may include name, email, contact details, government identification (for KYC verification), financial transaction records, and behavioural usage analytics.

12.3 Use of Data:
Collected data shall be used exclusively for:
a. Processing payments and rewards;
b. Account management and authentication;
c. Improving platform performance and user experience;
d. Providing promotional updates and offer notifications;
e. Legal compliance and fraud prevention.

12.4 Data Storage & Retention:
All data is securely stored in encrypted form on Indian servers compliant with local data residency regulations. Retention periods shall align with business necessity or statutory mandates.

12.5 Disclosure of Information:
Winngoo India shall not disclose personal information to third parties without prior consent, except:

When required by law or court order;

When necessary to enforce these Terms;

For verification purposes with authorized service providers.

12.6 User Consent:
By registering and using the Platform, Users expressly consent to the collection, processing, and storage of their personal data as described herein.

12.7 Data Breach Policy:
In the event of a data breach, the Company shall notify affected users and relevant authorities in accordance with applicable legal standards.

INTELLECTUAL PROPERTY RIGHTS (IPR)

13.1 Ownership:
All platform content, including software, trademarks, trade names, logos, UI/UX designs, proprietary databases, algorithms, and business processes, are the exclusive intellectual property of Winngoo India Private Limited.

13.2 Limited License:
Members and Business Partners are granted a non-exclusive, non-transferable, revocable license to use the Platform for lawful purposes only.

13.3 Restrictions:
No User may reproduce, modify, reverse-engineer, sell, distribute, or create derivative works of any platform material without prior written consent.

13.4 Use of Company Brand:
Business Partners may use Winngoo India’s name or logo only with explicit written authorization, in compliance with brand guidelines and under a valid partnership agreement.

13.5 Third-Party IP:
Trademarks and logos of partner businesses remain the property of their respective owners. Their inclusion on the Platform does not constitute ownership or endorsement.

13.6 Violation Consequences:
Unauthorized use or infringement of intellectual property may result in legal action under the Copyright Act, 1957, or Trademarks Act, 1999.

14. THIRD-PARTY LINKS, PARTNERSHIPS & INTEGRATIONS

14.1 External Links:
The Platform may contain hyperlinks to third-party websites, applications, or resources provided for user convenience. Winngoo India does not control, endorse, or guarantee the content or functionality of such resources.

14.2 Third-Party Liability Disclaimer:
Winngoo India is not liable for damages, data loss, or misrepresentation arising from the use of third-party services accessed via the Platform.

14.3 Integration with External APIs:
Certain functionalities may depend on APIs or plugins provided by external vendors (e.g., payment gateways, geolocation services, or marketing analytics tools). The availability and reliability of such integrations are subject to those third parties’ service conditions.

14.4 Sponsored Content and Advertising:
Businesses may display paid advertisements or sponsored listings on the Platform. Such listings are clearly marked as “Sponsored” and do not represent endorsements by Winngoo India.

14.5 Data Sharing with Third Parties:
Limited data may be shared with verified vendors for the purpose of payment processing, referral tracking, or analytics — strictly under data confidentiality agreements (NDAs).

14.6 Termination of External Services:
Winngoo India reserves the right to modify or terminate any third-party integration at its sole discretion without liability to Users or Partners.

15. LIMITATION OF LIABILITY

15.1 General Limitation:
To the fullest extent permitted under Indian law, Winngoo India Private Limited, its directors, officers, employees, or affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from or related to the use or inability to use the Platform or its Services.

15.2 Specific Exclusions:
Without limiting the generality of the foregoing, the Company shall not be held responsible for any loss or damage resulting from:
a. Network failures, connectivity issues, or software errors;
b. Unauthorized access, hacking, or alteration of user data;
c. Errors or inaccuracies in offers listed by third-party merchants;
d. Non-fulfilment, cancellation, or modification of offers by business partners;
e. Technical delays in cashback or reward processing due to system maintenance or third-party gateway delays.

15.3 Cap on Liability:
The total aggregate liability of Winngoo India for any claim, whether contractual, tortious, statutory, or otherwise, shall not exceed the membership fee paid by the Member in the 12 months preceding the event giving rise to such claim.

15.4 No Warranties:
The Platform and Services are provided on an “as-is” and “as-available” basis. Winngoo India expressly disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

15.5 Third-Party Dependence:
The Platform’s operation may depend on external service providers, including payment gateways, hosting partners, or network providers. Winngoo India does not guarantee uninterrupted or error-free performance due to external dependencies.

15.6 Loss of Data or Earnings:
The Company shall not be responsible for any data loss, corruption, or loss of expected earnings arising from use, misuse, or technical failure of the Platform.

15.7 Force Majeure Protection:
In the event of delays or failures caused by circumstances beyond the Company’s control (as defined under Section 20), Winngoo India shall not be held liable for non-performance of obligations.

16. INDEMNIFICATION

16.1 Member’s Obligation to Indemnify:
The User agrees to indemnify, defend, and hold harmless Winngoo India, its directors, subsidiaries, officers, agents, employees, and partners from any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including legal fees) arising out of or in connection with:
a. Violation of these Terms or Applicable Law;
b. Misuse of the Platform, fraud, or misrepresentation;
c. Unauthorized use of third-party intellectual property or data;
d. Breach of confidentiality or data privacy;
e. Disputes arising from interactions with other Members or Business Partners.

16.2 Company’s Right to Defend:
Winngoo India reserves the right to assume exclusive defence and control of any matter subject to indemnification. In such cases, the User agrees to cooperate fully in defending the claim.

16.3 Settlement Restrictions:
Users shall not settle any claim or admit liability on behalf of Winngoo India without the Company’s prior written consent.

16.4 Survival of Obligations:
The indemnity provisions herein shall survive the termination or expiration of the User’s membership and shall remain enforceable under Indian contract law.

17. TERMINATION & SUSPENSION OF ACCOUNT

17.1 Company’s Right to Suspend or Terminate:
Winngoo India reserves the right, at its sole discretion, to suspend, deactivate, or permanently terminate any Member or Business Partner account without prior notice if:
a. Any material breach of these Terms is detected;
b. Fraudulent, deceptive, or illegal activity is suspected;
c. The account is used in violation of applicable laws;
d. The User fails to pay applicable fees or renew membership;
e. Misuse of referral or cashback systems is established.

17.2 Effects of Termination:
Upon termination:
a. Access to the Platform shall be revoked immediately;
b. Accrued loyalty points, cashback, and rewards may be forfeited;
c. No refund or compensation shall be payable unless explicitly approved under Section 27;
d. Any pending disputes or liabilities shall survive such termination.

17.3 User-Initiated Termination:
Users may request voluntary account deactivation by emailing [insert emai] with subject “Account Closure Request.” The Company may process closure within 15 working days after due verification.

17.4 Appeals and Reinstatement:
Deactivated Members may appeal to the Compliance Department or Grievance Officer within 30 days of suspension. The Company reserves full discretion to reinstate or permanently close the account.

17.5 Termination for Inactivity:
Winngoo India reserves the right to deactivate dormant accounts that remain inactive for a period exceeding 12 consecutive months without login or transaction activity.

17.6 Preservation of Records:
The Company may retain necessary user data and transaction history for regulatory, taxation, or evidentiary purposes, even after termination.

18. DISPUTE RESOLUTION & GOVERNING LAW

18.1 Governing Law:
These Terms and all related matters shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles.

18.2 Jurisdiction:
Subject to arbitration under Section 18.3, the courts at Chennai, Tamil Nadu, shall have exclusive jurisdiction over any disputes arising under these Terms.

18.3 Arbitration Agreement:
a. All disputes, controversies, or claims arising out of or relating to these Terms or the use of the Platform shall be settled by binding arbitration under the Arbitration and Conciliation Act, 1996.
b. The arbitration shall be conducted in English, seated in Chennai, India, before a sole arbitrator mutually appointed by both parties.
c. The arbitral award shall be final and binding, and enforceable in competent courts in India.

18.4 Conciliation & Mediation:
Before initiating arbitration, both parties agree to attempt amicable resolution through conciliation within 30 days of written notice.

18.5 Costs:
Each party shall bear its own arbitration costs unless otherwise directed by the arbitrator.

18.6 Confidentiality:
All arbitration proceedings, documents, and awards shall remain confidential, except as required by law or enforcement authorities.

19. AMENDMENTS TO TERMS

19.1 Right to Modify:
Winngoo India reserves the absolute right to revise, amend, or replace these Terms & Conditions at any time, at its discretion, without prior written notice.

19.2 Notice of Changes:
Significant updates may be communicated to Users via email, push notifications, or updates on the Platform’s “Legal” or “Terms” page.

19.3 Effective Date:
Revised Terms shall become effective upon publication. Continued use of the Platform following such updates shall constitute deemed acceptance by the User.

19.4 Version Control:
Each revision of the Terms will include a version number and date of modification for reference and transparency.

19.5 User Responsibility:
It is the User’s responsibility to periodically review the Terms and remain informed of any updates.

20. FORCE MAJEURE

20.1 Definition:
“Force Majeure” refers to any event or circumstance beyond the reasonable control of Winngoo India that prevents, delays, or impedes its ability to perform obligations under these Terms, including but not limited to:
a. Natural disasters (earthquakes, floods, cyclones, pandemics);
b. Acts of terrorism, war, or civil unrest;
c. Government restrictions or legal prohibitions;
d. Strikes, labor disputes, or industry shutdowns;
e. Power failures, cyber-attacks, or major system outages;
f. Network or server disruptions beyond the Company’s control.

20.2 Suspension of Obligations:
In the event of a Force Majeure situation, the Company’s obligations shall be suspended for the duration of such event, without liability or penalties.

20.3 Notification:
Winngoo India shall make reasonable efforts to notify Users of Force Majeure events affecting service delivery, either via email, platform notice, or public announcement.

20.4 Resumption of Services:
Upon cessation of the Force Majeure event, the Company shall resume normal operations as soon as reasonably practicable.

20.5 Exclusions:
A Force Majeure event shall not excuse financial obligations already due prior to the occurrence of the event.

21. NOTICES & COMMUNICATIONS

21.1 Official Communication Channels:
All official notices, communications, and correspondence relating to these Terms shall be deemed properly delivered when sent to or from the following:

• Registered Office: Winngoo India Private Limited, Chennai, Tamil Nadu, India
• Official Email: [insert email address]
• Website: [insert site]

21.2 Mode of Delivery:
Communications may be delivered electronically via email, in-app notifications, SMS, or postal mail. Digital notices shall be deemed received 24 hours after dispatch unless a delivery failure is reported.

21.3 User Communication Responsibility:
It is the User’s responsibility to ensure that their contact details (email, phone, postal address) are current, accurate, and accessible for official notifications.

21.4 Legal Notices:
Any legal notice to the Company must be in writing, sent by registered post or courier with acknowledgment to the registered office address. Notices sent by Users via email shall be valid only if acknowledged by the Company in writing.

21.5 Communication Hierarchy:
For operational matters, Users should first contact the Support Team. Unresolved issues may be escalated to the Grievance Officer or Compliance Department as detailed in Section 29.

21.6 Public Announcements:
Winngoo India reserves the right to issue general announcements, service updates, or policy changes through official public channels, which shall carry the same legal weight as individual notices.

22. NO PARTNERSHIP OR AGENCY

22.1 Independent Relationship:
Nothing contained in these Terms shall be construed to create any partnership, joint venture, employer-employee, principal-agent, or franchisor-franchisee relationship between the User and Winngoo India.

22.2 Limitation of Authority:
Users and Business Partners shall not represent or bind the Company in any manner without express written consent.

22.3 Non-Exclusivity:
The Company may engage with multiple Members, Businesses, or third-party vendors simultaneously, without any exclusivity obligation.

22.4 Promotional Collaboration:
Any co-branded marketing or joint activity must be executed only after a formal written agreement defining rights, obligations, and usage of brand materials.

23. SEVERABILITY

23.1 Independent Validity:
If any provision of these Terms is held invalid, illegal, or unenforceable under applicable law, such provision shall be severed or modified to the minimum extent necessary.

23.2 Continuity of Agreement:
The remaining provisions shall remain valid, binding, and enforceable to their fullest extent, preserving the intent of the original document.

23.3 Reformation Clause:
Where feasible, the invalid portion shall be replaced by a valid clause that closely reflects the original purpose and commercial intent of the Company and User.

24. ENTIRE AGREEMENT

24.1 Complete Understanding:
These Terms & Conditions, together with the Privacy Policy, Refund Policy, Compliance Policy, and any referenced annexures, constitute the entire legal agreement between the User and Winngoo India.

24.2 Supersession:
Any prior agreements, understandings, or representations, whether written or oral, are hereby superseded.

24.3 No Waiver:
Failure by Winngoo India to enforce any right or provision shall not constitute a waiver of such right. Future enforcement shall remain unaffected.

24.4 Headings:
Section titles and headings are inserted for convenience only and do not affect interpretation or enforceability.

25. ANTI-FRAUD, COMPLIANCE & VERIFICATION POLICY

25.1 Purpose:
Winngoo India maintains robust compliance mechanisms to detect, prevent, and address fraudulent, illegal, or unethical activities across its ecosystem of Members and Business Partners.

25.2 Verification Requirements:
The Company reserves the right to demand official documents, including:

• Government-issued ID (Aadhaar, PAN, Passport);
• Business registration certificates;
• GST or trade license verification;
• Bank account validation.

25.3 Monitoring of Transactions:
All referral rewards, cashback, and loyalty redemptions are subject to monitoring under internal Know Your Customer (KYC) and Anti-Money Laundering (AML) frameworks.

25.4 Fraud Detection Measures:
Winngoo India employs automated systems to detect irregular transactions, referral loops, or abnormal activity patterns. Accounts flagged for anomalies may be temporarily suspended pending verification.

25.5 Reporting and Cooperation:
The Company fully cooperates with government and law-enforcement agencies, including the Enforcement Directorate, Cyber Crime Cells, and Income Tax Department, when fraudulent conduct is suspected.

25.6 Disciplinary Actions:
Members or Business Partners found involved in money laundering, identity concealment, or data falsification shall face:
a. Immediate account termination;
b. Forfeiture of accrued rewards;
c. Legal reporting under applicable criminal statutes.

25.7 Audit and Review:
Periodic internal audits are conducted to ensure ongoing compliance with AML/KYC and taxation regulations.

26. ELECTRONIC COMMUNICATIONS & DIGITAL CONSENT

26.1 Legal Validity of Electronic Documents:
All communications, agreements, and disclosures provided electronically between Users and Winngoo India carry the same legal force as physical documents under the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.

26.2 User Consent:
By registering on the Platform, Users expressly consent to receive all invoices, updates, statements, and disclosures in electronic form through the registered email or app interface.

26.3 E-Signatures:
Where applicable, Users agree that electronic acceptance (clicking “Agree”, “Accept”, or “Submit”) constitutes a legally binding signature equivalent to handwritten execution.

26.4 Record Maintenance:
All digital records, logs, and consent confirmations are securely stored and may be used as admissible evidence in legal proceedings.

26.5 Withdrawal of Consent:
Users wishing to withdraw consent for electronic communication must provide written notice; however, doing so may restrict continued use of certain digital features.

27. REFUND, CANCELLATION & MEMBERSHIP TERMINATION POLICY

27.1 General Refund Principle:
Membership fees paid to Winngoo India are non-refundable except in cases of proven double payment, technical error, or other valid reasons accepted by the Company’s Finance Department.

27.2 Refund Eligibility:
Refunds may be considered under the following conditions:
a. Duplicate payment due to payment gateway error;
b. Accidental transaction processing without activation of account;
c. Administrative error by the Company.

27.3 Refund Request Procedure:
Refund requests must be made in writing to [insert email] within seven (7) calendar days of payment, accompanied by proof of transaction.

27.4 Non-Refundable Conditions:
No refund shall be entertained where:
a. The Member has accessed or utilized any service or benefit;
b. The Membership term has commenced;
c. Account suspension occurred due to fraudulent activity.

27.5 Processing Timelines:
Approved refunds, if any, shall be processed within 15 business days from the date of approval and credited to the original payment method.

27.6 Partial Refunds:
In certain cases, at the Company’s sole discretion, partial refunds may be issued subject to deduction of administrative charges.

27.7 Wrongful Termination or Error:
If an account is terminated erroneously, the Member may appeal to the Grievance Officer for reinstatement or refund consideration.

27.8 Membership Cancellation:
Users may cancel their membership voluntarily at any time. However, cancellation does not entitle them to refunds of fees already paid.

28. TAXATION & FINANCIAL LIABILITY DISCLAIMER

28.1 Tax Obligations:
All Members and Business Partners acknowledge that they are individually responsible for any tax liabilities, including GST, income tax, or TDS, arising from transactions or earnings through Winngoo India’s Platform.

28.2 Withholding & Compliance:
Winngoo India may withhold or deduct taxes where required by applicable law and shall issue necessary compliance documents, including TDS certificates or GST invoices, as per statutory timelines.

28.3 Independent Tax Advice:
The Company does not provide tax or financial advice. Members are encouraged to seek independent professional guidance regarding tax reporting or deductions related to their earnings, cashback, or rewards.

28.4 Record Maintenance:
All Members and Business Partners must maintain proper transaction records, invoices, and documents to substantiate claims during audits or assessments.

28.5 Indirect Taxation:
Where Winngoo India collects GST, applicable rates shall be displayed on the payment screen. Taxes are calculated based on the location of the recipient and current government notifications.

28.6 Changes in Law:
Any subsequent changes in taxation law or government directives shall automatically modify these terms to the extent required for compliance.

29. GRIEVANCE REDRESSAL & CONSUMER SUPPORT

29.1 Appointment of Grievance Officer:
Pursuant to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Winngoo India has appointed a Grievance Officer to address complaints and disputes related to the Platform.

29.2 Contact Information:

• Name: [To be designated by Company]
• Email: [insert email]
• Office Address: Winngoo India Private Limited, Chennai, Tamil Nadu

29.3 Complaint Procedure:
Users may lodge complaints by email, including:
a. Full name and registered email ID;
b. Nature and details of the complaint;
c. Relevant supporting documents or screenshots.

29.4 Response Timeline:
Acknowledgment shall be issued within 48 working hours, and a detailed resolution or update shall be provided within 15 business days, depending on the complexity of the case.

29.5 Escalation:
If unresolved, the complaint may be escalated to the Compliance Officer or referred to arbitration as outlined in Section 18.

29.6 Consumer Rights Compliance:
Winngoo India adheres to the Consumer Protection Act, 2019, ensuring fair dealing, transparency, and responsible communication with all Members and Business Partners.

30. BUSINESS CODE OF CONDUCT

30.1 Ethical Practices:
All Business Partners and affiliates associated with Winngoo India shall maintain the highest ethical standards, including transparency, integrity, and accountability in their business dealings.

30.2 Prohibited Conduct:
The following are strictly prohibited:
a. Misleading advertising or exaggerated claims;
b. Unfair competition or defamation of competitors;
c. Violation of data privacy or unauthorized sharing of customer data;
d. Bribery, kickbacks, or any form of corruption.

30.3 Responsibility Toward Consumers:
Businesses must ensure that all products and services offered via Winngoo’s platform meet safety, quality, and warranty standards as required under applicable laws.

30.4 Review and Compliance:
The Company reserves the right to review, audit, and suspend any Business Partner found in violation of ethical or legal standards.

30.5 Anti-Corruption Clause:
All stakeholders must comply with the Prevention of Corruption Act, 1988 and international best practices in anti-bribery compliance.

31. INTERNAL AUDITS, MONITORING & REPORTING

31.1 Purpose:
Winngoo India conducts regular audits and monitoring exercises to ensure compliance with operational, legal, and financial policies.

31.2 Scope of Audit:
Audits may include:

• Financial transaction reviews;
• Member verification and activity logs;
• Partner payment reconciliations;
• Data protection compliance under DPDP Act, 2023.

31.3 Cooperation Requirement:
All Users, employees, and partners must cooperate fully with audit teams and provide requested records or documents promptly.

31.4 Confidentiality of Audit:
All audit findings are confidential and used solely for improving internal governance or compliance posture.

31.5 Corrective Action:
If non-compliance is detected, the Company may impose corrective measures, including suspension, retraining, or legal proceedings.

32. FAIR USE POLICY & CONSUMER CONDUCT

32.1 Purpose:
The Fair Use Policy is designed to ensure balanced, lawful, and ethical use of the Platform’s resources.

32.2 Acceptable Use:
Users must:
a. Use the Platform only for lawful purposes;
b. Respect intellectual property rights;
c. Refrain from posting defamatory, obscene, or harmful content;
d. Avoid misuse of referral or reward systems.

32.3 Prohibited Use:
Users are strictly prohibited from:
a. Engaging in spamming, phishing, or malware dissemination;
b. Attempting unauthorized system access or data scraping;
c. Using automation tools or bots to manipulate offers;
d. Sharing login credentials or impersonating others.

32.4 Enforcement:
Violations of the Fair Use Policy may result in immediate suspension, termination, or legal action as per Section 17.

32.5 User Accountability:
Each Member is solely responsible for actions taken under their account and must maintain confidentiality of login credentials.

33. ACCOUNT RECOVERY & ACCESS MANAGEMENT

33.1 Account Recovery Procedure:
In the event of account loss, forgotten password, or security breach, Users must request recovery via the official portal or by contacting [insert email].

33.2 Verification:
Recovery will be processed only after due verification of identity using KYC documents and registered contact details.

33.3 Recovery Timelines:
Standard recovery may take 3–7 business days, subject to internal verification and fraud checks.

33.4 Multiple Device Login:
The Company may restrict simultaneous logins from multiple devices to prevent account misuse.

33.5 Security Breach Response:
In case of suspected compromise, Winngoo India reserves the right to temporarily lock the account to protect User data and funds.

33.6 User Cooperation:
Users must promptly inform the Company of unauthorized access or suspicious activity. Delay in reporting may limit the Company’s ability to provide recovery support.

34. GOVERNING POLICIES, DOCUMENT HIERARCHY & INTERPRETATION

34.1 Hierarchy of Policies:
In case of conflict or inconsistency among documents, the following order of precedence shall apply:

1. Specific written agreements executed between User and Company;
2. These Terms & Conditions;
3. Privacy Policy;
4. Refund Policy;
5. FAQs or General Platform Guidelines.

34.2 Interpretation:
In interpreting these Terms, the following rules apply:
a. Words in singular include plural and vice versa;
b. References to persons include legal entities;
c. References to “including” shall mean “including without limitation.”

34.3 Language:
These Terms are drafted in English, which shall prevail over any translated version for interpretation and enforcement purposes.

34.4 Binding Nature:
These Terms bind both parties — Winngoo India and the registered Member or Business Partner — as a legally enforceable contract.

35. CONTACT INFORMATION & FINAL DECLARATION

35.1 Registered Office:
Winngoo India Private Limited [Registered Address – Chennai, Tamil Nadu, India] Email: [insert mail]

Website: [insert website]

35.2 Hours of Operation:
Support and administrative functions operate between 10:00 AM and 6:00 PM (IST), Monday to Friday, excluding public holidays.

35.3 Acceptance of Terms:
By using the Platform, Users acknowledge that they have read, understood, and agreed to these Terms & Conditions and all supplementary policies referenced herein.

35.4 Effective Date:
These Terms & Conditions shall come into effect from the date of publication on the Company’s official website and shall remain in force until amended or replaced.