Terms of Use
As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to the WIN whats in India Companies is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. The WIN whats in India Companies do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the WIN whats in India Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the WIN whats in India.
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating a WIN whats in India account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the WIN whats in India Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the WIN whats in India Companies are in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the WIN whats in India Companies may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
Prohibited Activities
The Content and information available on and through the Services (including, but not limited to, comments, data, articles, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the WIN whats in India Companies or licensed to the WIN whats in India Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
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(i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the WIN whats in India Companies;
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(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
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(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
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(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
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(v) deep-link to any portion of the Services for any purpose without our express written permission;
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(vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
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(vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by the WIN whats in India Companies in connection with the Services;
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(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
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(ix) download any Content unless it’s expressly made available for download by the WIN whats in India Companies.
Reviews Comments and Use of Other interactive Areas;
We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any WIN whats in India synchronisation product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your WIN whats in India account by virtue of any WIN whats in India Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the WIN whats in India Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that WIN whats in India may choose to provide attribution of your Content at our discretion. You further grant the WIN whats in India Companies the right to pursue at law any person or entity that violates your or the WIN whats in India Companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for the WIN whats in India Companies to publish and otherwise use) your Content as authorised under this Agreement.
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the WIN whats in India Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the WIN whats in India Companies and their licensees, successors and assigns, from any claims that you could otherwise assert against the WIN whats in India Companies by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items ("Interactive Areas"). If WIN whats in India provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The WIN whats in India Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of the WIN whats in India Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the WIN whats in India Companies do not edit or control the user messages, comments posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, WIN whats in India does not edit or control users’ Content that appears on the websites. The WIN whats in India Companies nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the WIN whats in India Companies and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact WIN whats in India using the Contact Us form to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with WIN whats in India’s published guidelines, as are in force at the time of submission and made available to you by WIN whats in India. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
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Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
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Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
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Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), National Stock Exchange, Bombay Stock Exchange, the NASDAQ or the London Stock Exchange;
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Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
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May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
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Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
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Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the WIN whats in India Companies;
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Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand or that is publically available;
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Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
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Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
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In the sole judgment of WIN whats in India, (a) violates the previous subsections herein, (b) violates WIN whats in India’s related guidelines as made available to you by WIN whats in India, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of the WIN whats in India Companies or their users to any harm or liability of any type.
The WIN whats in India Companies take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the WIN whats in India Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, WIN whats in India is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although WIN whats in India has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, WIN whats in India reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.