- As between the parties, Winzard owns and shall retain all right, title and interest in and to
- The Software and the Service, including all intellectual property rights therein
- All transactional and performance data related to your use of the Service.
The Intellectual property rights, if any from time to time, belonging to Winzard are owned by Winzard Solutions Pvt. Ltd., a company incorporated in India.
- If the viewer uses the Site and/or the Service, or clicks to accept or agree to these Terms when presented to you in a user interface for the Service, it is deemed acceptance to the terms and conditions and the person is bound by such agreement. We will understand this as your acceptance of this Terms and your agreement to all of its terms and conditions.
Once you have agreed to these Terms of Service in order to use the Site and the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these terms, then you may not use the Site or the Service.
These Terms of Use are a legal agreement between the Company and you (“You” or “User”).
- The Company reserves the right to make changes or update to the “Terms of Use” at any time and will post the updated/amended version on the site.
Any such modifications will become effective immediately upon posting to the Website. Your continued usage of the Website or Product, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website/ Product. The user understands and agrees that he/she will be deemed to have accepted the updated or changed terms and conditions until the continued use of the site.
If at any point you do not agree to any portion of these Terms then in effect, you must immediately stop using the website and the Service.
Termination of Service:
Winzard holds all the rights to deny service to any person or entity at its own discretion. It reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice to the user.
Your acknowledgement is taken as, Winzard may stop providing the Site and/or the Service or restrict your use of the Site and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this Terms and/or if Winzard suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Winzard disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
Responsibility:
Your Organization takes responsibility of correct and certified data entered by your department for which you are responsible. All data corrections and validations are your responsibility.
Fees and Billings:
The fees and billings will be as per the agreed terms with Winzard.
Accounts:
To have an access to the services and surveys provided by Winzard, you must have an account registered with us.
You can create an account by the given registration process on the website. You may be required to provide us with information about yourself or your company in whose name you would like to register, as part of the registration process for your continued use of the Service, and such information shall be subject to the terms of our Privacy Policy. The information submitted shall be correct, updated and true to your knowledge.
Account Security:
Account security means maintaining confidentiality of your own account id and password. Account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You may notify Winzard immediately if you become aware of any unauthorized use of your password or of your account. If you use the Winzard service/Product, as a User you are responsible for maintaining the security of the devices on which the Winzard Product is installed and/or used, as well as the security of your account associated with the Winzard Product.
To cancel or downgrade your account, reach Winzard at support@winzard.io by email.
Privacy Policy:
Please read the Winzard Privacy Policy on our website at www.winzard.io as it describes the types of data we collect from you and your devices, how we use your Data, and the legal basis for which we have to process your Personal Data.
By accepting these terms and conditions, or using the Site and/or the Service, you represent that you have read and consent to our Privacy Policy in addition to this these Terms. Winzard may revise the Privacy Policy at any time and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and the Service.
Termination or Downgrading by Winzard
Winzard holds the rights to terminate or downgrade your account if at any time:
a. payment is past due;
b. there is a breach of terms and conditions
c. the person is engaged in fraudulent or illegal activities or other conduct that may result in liability to Winzard;
d. As required by law to terminate your account
Indemnification:
You agree to indemnify Winzard and applicable third parties harmless against any/ all third party claims.
Usage of Winzard Website:
You may only access Winzard and use the Services for lawful purposes.
You are solely responsible for the knowledge of and adherence to any or all provisions of Applicable Law pertaining to your use of the such Services.
You agree that you will not in any way:
● Interfere with the ability of others to access or use the individual Winzard Products and the Winzard website.
● Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
● Upload or transmit (or attempt to upload or transmit) files that contain viruses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers.
● Violate any Applicable Laws or regulations, or promote and encourage any illegal activity including, but not limited to hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
Governing Law:
These Terms of use shall be governed by and constructed in accordance with the laws prevailing in India for time being in force. Any conflict of laws & principles, the courts in Hyderabad, India, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.
Arbitration & Waiver:
Every difference or dispute which may hereafter arise between the parties hereto or their respective representatives in relation to this agreement or arising thereout, whether as to the constructions or operations thereof, or the respective rights and liabilities thereunder or anything done hereunder or otherwise, shall be referred to a sole arbitrator in accordance with, and subject to, the provisions of the Arbitration and Conciliation Act, 1996. His award shall be final, accepted and binding on both the parties.
Restriction on the arbitration:
You and Winzard agree that any arbitration shall be limited to the Claim between Winzard and you individually.
It is agreed that:
(a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures;
(b) there is no right or authority for any dispute to be brought in a purported representative capacity
Severability:
You and Winzard agree that if any portion these terms found illegal or unenforceable at any point of time, that portion shall be severed and the remainder of the Section shall be given full force and effect. If the term is such drafted that it cannot be severed, then the entire clause/ term shall be invalidated.
Notices:
All notices given by you or required by the company for any documentation, legal or other purposes shall be in writing only, no other mode of communication shall be accepted.
Latest agreement prevails:
These mentioned Terms and Conditions, including the documents referred herein, constitutes the entire agreement between you and Winzard with respect to the Website and the Service and supersedes any and all prior agreements between you and Winzard relating to the Website and/or the Service provided by Winzard Solutions Pvt. Ltd.
Disclaimer Of Warranties:
Winzard makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the site or the service.
Winzard does not represent or warrant that:
(a) you will be able to access or use the site and/or the service at the times or locations of your choosing;
(b) that operation of the site or the service will be uninterrupted, timely, secure or error-free;
(c) your use of the site or the service will meet your requirements;
(d) defects in the operation of the site or the service will be corrected;
(e) the site or the service is free of viruses or other harmful components.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the site or the service is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
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