T&C Privacy Policy

Spin Winner Privacy Policy
Spin Winner TERMS OF SERVICE
GOVERNING AGREEMENT
The terms of this agreement (“Terms of Service”) govern the relationship between you (“The User”) and Spin Winner (“Spin Winner” or “We”) regarding your use of Spin Winner’s software titles including Spin Winner, social games and related services and Spin Winner websites (the “Service”). Spin Winner reserves the right to edit these Terms of Service and policies at any time.
Introduction
Your use of the products and/or services on the Portal (hereinafter referred to as "Services") currently offered or to be offered in the Spin Winner apps (hereinafter referred as "App" or "Apps"), are all subject to and governed by these Terms of Service, Privacy Policy, Help, Promotions, Add chips, My Account and Refer and Earn sections collective or respectively for each Website including the sub-sections of these sections on the Website and App, as the case may be (hereinafter referred as "Terms").
You understand that the Terms will be binding on you. You agree that Services offered on the Portal can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by Spin Winner.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches. If a promotion, game, event, competition or tournament is organized by us on a Portal, it shall be governed by the Terms and any supplementary terms and conditions which may be specifically
applied for that promotion, game, event, competition or tournament.
APPLICABILITY
BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ AND REVIEW THESE TERMS PROVIDED ON Spin Winner SITE WHICH ARE APPLICABLE TO ALL SERVICES ON THE PORTAL AND ALSO THE PRODUCT-SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS.
Links to the following sections of these Terms are provided below for easy access to the sections you intend to refer to. However, you should read all Terms as you will be bound by them all. Click on any of the following link to access that section directly.
1. Legality
You may only use the Services to Play chips Games (as defined below) if you are 18 years of age or over. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are not accessing the Services to play chips Games from Outside India or from the States of Telangana,Assam,Orissa,Gujarat in India for accessing Spin Winner App.
2.Game Services
· All tournaments, promotional games, practice games and chips games organized on the Websites are collectively referred as "Games". The rules applicable to each type of Game are provided under the Help section on the respective Website and App.
· "chips Game(s)" are Games that require the participant to have a certain minimum chips balance in their user account to participate. All other Games offered on the Portal are defined as Non-chips Game(s).
· We charge service charges for chips Games, which may vary depending on the nature of the chips Game and are subject to change from time to time. Non-chips Games are offered free on the Portal, but may be subject to entry restrictions in some cases. Service charges charged by us are inclusive of all applicable taxes, including GST.
3.User representations
· Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
· Prior to adding chips to your user account or participating in chips Games, you shall be responsible to satisfy yourself about the legality of playing chips Games in the jurisdiction from where you are accessing chips Games. If you are not legally competent to individually enter into Indian transactions through banking channels in India and/or are not accessing any Website from a permitted jurisdiction, you are prohibited from participating in chips Games on the website. In the event of such violation, your participation in chips Games will be deemed to be in breach of the Terms and you will not be entitled to receive any prize that you might win in such chips Games.
· You represent that you are 18 years of age or older to participate in any Games and are also otherwise competent to enter into transactions with other users and us. You are aware that participation in the Games organized by us ("Activity") may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold us, our employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.
· You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from you participating in this Activity or being associated with this Activity or around this Activity. You understand that we assume no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
· You understand and accept that your participation in a Game available on the Portal does not create any obligation on us to give you a prize. Your winning of a prize is entirely dependent on your skill as a player vis-a- vis other players in the Game and subject to the rules of the Game.
· You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Portal by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that we have the right to use in any manner whatsoever, all communication or feedback provided by you.
· You understand and accept that we reserve the right to record any and all user content produced by way of but not limited to chat messages on the Portal through our feature, through the in-game chat facility or other interactive features, if any, offered as part of the Services.
· You understand that the currency in your user account held by us do not carry any interest or return.
· You shall not hold us responsible for not being able to play any Game for which you may be eligible to participate. This includes but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be suspected or established violation of any of the Terms.
· You understand and accept that by viewing or using the Portal or availing of any Services, or using communication features on the Portal, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.
· We are in compliance with FATF guidelines and therefore you are also required to comply with the FATF guidelines. By using our Portal, you undertake to comply with the FATF guidelines.
· You represent that you are not a politically exposed person.
· You represent that you have not been convicted for any crime.
· You represent that you are not on the UN Sanctions List or work for a company that is on the UN Sanctions list.
4.User Account Creation & Operation
· To use our Services, you will need to register with us on the Portal.
· By completing the online registration process on the Portal, you confirm your acceptance of the Terms.
· By registering on our Portal, you agree to receive all communication from us including promotional messages relating to Tournaments & Bonus through SMS, voice call, Email and Push Notifications.
· During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for adding chips to your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.
· You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.
· Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
· You understand that it is your responsibility to protect the information you provide on the Websites including but not limited to your Username, Password, Email address, Contact Details and Mobile number. We will not ask for your user account login password which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Websites or elsewhere. You undertake that you will not allow / login and then allow, any other person to play from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Websites being exposed or misused by any other person.
· You agree to use your user account with us, solely for the purpose of playing on the Websites and the Apps and for transactions which you may have to carry out in connection with availing the Services thereon. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account.
· You also understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in chips Games made available on the Portal.
· You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Portal except as may be permitted by us and is subject to restrictions and conditions as may be prescribed.
· We are legally obliged to deduct tax at source (TDS) on winnings of more than 10,000/- in a single game , as the case may be. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30%, or such other rate as may be prescribed by law at the relevant time, will automatically be deducted from such winnings and the rest will be credited to your Spin Winner user account. exchange of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.
· We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.
5.User Account validation and personal information verification
· Spin Winner may from time to time attempt to validate its players' user accounts. These attempts may be made via a phone call or via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you is not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.
· If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Portal or reduce your play limits and/or Add chips limits until we are able to satisfactorily validate your user account. We will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.
· Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.
· In the event that we have made several attempts to reach out to you but have been unable to do so, we also reserve the right to permanently suspend your user account and refund the amount, if any, in your user account to the financial instrument through which the payment was made to your user account or by cheque to the address provided by you. In the event the address provided by you is incorrect, We will not make any additional attempts for delivery of the cheque unless a correct address is provided by you and charges for redelivery as prescribed by us are paid by you.
· The Privacy Policy of our Portal form a part of the Terms. All personal information which is of such nature that requires protection from unauthorized dissemination shall be dealt with in the manner provided in the Privacy Policy of the Portal.
6.User restrictions
· Anti-Cheating and Anti-Collusion:
· You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Websites or use any third-party software that intercepts, mines or otherwise collects information from or through the Websites or through any Services. Any attempt to employ any such external assistance is strictly prohibited.
· Formation of teams for the purpose of collusion between you and any other user(s) for participating in Games organized on the Websites or any other form of cheating is strictly prohibited.
· When collusion or cheating is detected, we shall settle and may take further appropriate action against offending users in terms hereof including banning access to the Portal and any or all Services.
· Money Laundering: You are prohibited from doing any activity on the Website that may be construed as money laundering, including, without limitation, attempting to withdraw chips from unutilized chips added through credit cards or deliberately losing money to a certain player(s).
· Anti-SPAMMING: Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Website to benefit from any of our promotional program or for any other purpose is strictly prohibited.
· Multiple IDs: Your registration on the Portal is restricted to a single user account which will be used by you to avail the Services provided on the Portal. You are prohibited from creating or using multiple user IDs for registering on the Portal.
· You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Websites or through any service or facility including any messaging facility provided by the Websites which :
·is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
·contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
·is otherwise objectionable or undesirable (whether or not unlawful);
·would constitute incitement to commit a criminal offence;
·violates the rights of any person;
·is aimed at soliciting donations or other form of help;
·violates the intellectual property of any person;
·disparage in any manner Spin Winner or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
·promotes a competing service or product; or
·violates any laws
· In the event we determine that the login name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.
· You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Portal, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Portal or any files that are part of the Portal.
· You shall not frame the Portal. You may not impose editorial comments, commercial material or any information on the Websites, alter or modify Content on the Websites, or remove, obliterate or obstruct any proprietary notices or labels.
· You shall not use Services on the Portal for commercial purposes including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Website.
· You shall not upload, distribute or publish through the Portal, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by us. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Websites or not. Additionally, you shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
· You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Portal.
· Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid chips cards, mobile phones for adding chips to your user account is strictly prohibited.
· Accessing or attempting to access the Services through someone else's user account is strictly prohibited.
· Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.
· You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
· We don’t encourage accessing chips Games using your ID on two or more mobile devices simultaneously.
7.Payments and Player currency
· All transactions on the Portal shall be in Indian s.
· Once you register on our Portal, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in chips Games have to be made through your Spin Winner user account. All chips prizes won by you are credited by us into this user account.
· When making a payment, please ensure that the instrument used to make the payment is your own and is used to Add chips into your user account only.
· Subject to the Add chips limits specified by us from time to time, you are free to deposit as much money as you want in your user account for the purpose of participating in chips Games on the Portal.
· Spin Winner wants you to play responsibly on the Websites.
· Credit card, Debit card, prepaid chips cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with adding chips, a complaint may be sent to us following the complaints procedure provided in "Complaints and disputes" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the currency are credited to your user account and are available for you to play chips Games.
· We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed, and the money credited back to your payment instrument.
· Player currency are held in trust by us in specified bank accounts. Spin Winner keeps all players' currency unencumbered which will be remitted to you in due course subject to the terms and conditions applicable to exchange of currency. currency held in your user account are held separately from our corporate currency. Even in the highly unlikely event of an insolvency proceeding, you claims on the deposits will be given preference over all other claims to the extent permissible by law.
8.Service Disruptions
·You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that Spin Winner has no control over these factors. Spin Winner shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason.
·You understand, acknowledge and agree to the fact that if you are unable to play in any Game due to any error or omission directly attributable to Spin Winner, including technical or other glitches at our end, entry fee would be refunded
·The Company shall attempt to start the game immediately once minimum number of players join the game table. However, the Company doesn’t commit the same and there may be delays in commencement of game due to any reason whatsoever.
It is clarified that, notwithstanding any limitation of liability as specified herein, Spin Winner specifically disclaims any liability in the case of Games where there is no money paid by you.
You agree that under no circumstances shall you compel Spin Winner or hold Spin Winner liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of Spin Winner.
9.Content
· All content and material on the Portal including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to Spin Winner, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged/recorded by us and shall form part of Content and Spin Winner is free to use this material in any manner whatsoever.
· The Portal may contain information about or hyperlinks to third parties. In such a cases, we are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites or apps. If you rely on any third party Content posted on any website or app which does not belong to Spin Winner, you may do so solely at your own risk and liability.
· If you visit any third party website or app through a third party Content posted on the Portal, you will be subject to terms and conditions applicable to such third party website or app. We neither control nor are responsible for content on such third-party websites or apps. The fact of a link existing on our Portal to a third-party website or app is not an endorsement of that website or app by us.
10.Promotions
· Refer and Earn ("RE"): You can invite a friend, acquaintance or any other person to use the Services available on the Portal by accessing the "Refer and Earn" feature on the Portal. The RE bonus plan shall be governed by the additional terms and conditions provided in the RE section on the respective Website or App.
· chips bonuses may be subject to restrictions. All bonus plans shall be governed by the additional terms and conditions applicable to that bonus plan which will apply in addition to the Terms.
· The details of various promotions organized on the Websites can be found in the Promotions section on that Website. Eligibility and applicable conditions for the ongoing promotional programs are provided in the Promotions section, which form a part of the Terms. If any additional terms and conditions specific to a promotional activity are mentioned, they shall be applicable to such promotion in addition to these Terms.
· Games offered under the Promotions section may be cancelled or discontinued by Spin Winner at any time without notice without any liability on Spin Winner whatsoever, except refund of entry fee, if applicable.
11.License Agreement & Intellectual Property
· All Content on the Websites shall be utilized only for the purpose of availing Services in conformity with the Terms.
· You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Spin Winner or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms.
· You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Services and for no other purpose whatsoever.
· You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
· You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Websites in any manner other than as permitted for obtaining the Services provided on the website.
· You may not hyperlink the Portal to any other website without permission from us.
· You may access information on download and print extracts from the Portal for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.
12.User Account suspension
· We may suspend or otherwise put restrictions on your access to the Services on the Websites during investigation for any of the following reasons:
· Suspected violation of Terms or other abuse of your user account;
· Suspected breach of security of your user account; or
· If there have been charge-backs on your user account.
· Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.
13.Breach and consequences
· In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the Portal or any Website is detrimental to the interests of Spin Winner, our other users or the general public; we may in our sole discretion take any or all of the following actions:
· Restrict games between users suspected of colluding or cheating;
· Permanently suspend your user account on the Website;
· Forfeit the chips balance in your user account;
· Demand damages for breach and take appropriate civil action to recover such damages; and/or
· Initiate prosecution for violations that amount to offences in law.
· Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Website.
· The decision of Spin Winner on the action to be taken as a consequence of breach shall be final and binding on you.
· Any action taken by Spin Winner shall be without prejudice to our other rights and remedies available in law or equity.
14.Complaints, Grievances & disputes
· If you have a complaint, you should in the first instance contact the customer support team at ormergvurdm@gmail.com , as the case may be or write to us following the procedure given in the respective Contact Us section on the relevant Websites. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
· You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
· Spin Winner shall make efforts to resolve complaints within reasonable time.
· Our decision on complaints shall be final and binding on you.
· For any grievances, you can reach out at ormergvurdm@gmail.com.
15.Modifications and alterations
· We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify of some changes in the Terms either by email or by displaying a message on the Portal; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of any Portal and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
· We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
16.Limitation of liability
· In addition to specific references to limitation of liability of Spin Winner elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort), Spin Winner shall be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Services on any Website or App in the Portal. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.
· Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
·the defamatory, undesirable or illegal conduct of any other user of the Services;
·any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Websites;
·any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;
·any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
·the accuracy, completeness or currency of any information services provided on the Websites and Apps;
·any delay or failure on our part to intimate you where we may have concerns about your activities; and
·your activities / transactions on third party websites or apps Portal accessed through links or advertisements posted in the Portal.
· Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to Indian s One Thousand only (INR. 1,000/-)
17.Disclaimer and indemnity
Disclaimer
·The Services on the Websites and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Spin Winner does not ensure or guarantee continuous, error-free, secure or virus- free operation of the Portal or its Content including software, Games, your user account, the transactions in your user account or continued operation or availability of any facility on the website.
·Additionally, Spin Winner does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by Spin Winner at times or for extended periods of time due to, but not limited to, system maintenance and updates.
·Spin Winner disclaims responsibility and liability for any harm resulting from cancellation of any Game organized by it. If you are a chips player on the Portal, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Spin Winner.
·Spin Winner specifically disclaims any liability in connection with Games or events made available or organized on the Portal which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Game or event.
·Spin Winner specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Website.
·Spin Winner disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
·Spin Winner specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.
·Spin Winner disclaims liability for any risk or loss resulting to you from your participation in chips Games, including all risk of financial loss.
Indemnity
·To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person in connection with:
·infringement of their intellectual property rights by your publication of any content on our Website.
·defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise;
·use, abuse or misuse of your user account on our Website in any manner whatsoever;
·any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; and
·access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.
18.Governing law, dispute resolution & jurisdiction
· The Terms and Privacy Policy shall be interpreted in accordance with the laws of India.
· Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Mumbai.
19.Responsible Game Play
Spin Winner encourages all its players to play responsibly.
PRIVACY POLICY
This Privacy Policy forms part of our Website's Terms of Service and by accepting the Terms of Service and Privacy Policy on our registration page, you consent to share your sensitive personal data or personal information and are aware of the purpose of sharing such information. Please read this Privacy Policy carefully before using Spin Winner’s services. Please do not register if you do not wish to share with us (hereinafter referred to as “Spin Winner” or “we” or “us” or “our”) the mandatory personal information requested at the time of registration. Registration procedure cannot be completed until information sought in the non-optional fields is provided. Certain additional personal information may be requested by Spin Winner for permitting you access to any chips Games hosted by Spin Winner. This Privacy policy applies to our services available under the domain and sub-domains of the Website .
1. What is the objective of this Privacy Policy?
Spin Winner respects your privacy and assures you that any information provided by you to Spin Winner is protected and shall be dealt with according to this Privacy Policy and the applicable laws. To avail yourself of the services offered on us, you may have to provide certain information to us. This Policy delineates the procedure followed by Spin Winner to gather, use, store, disclose and manage users' personal data. Spin Winner collects personal data only for the purpose of verifying user accounts, maintaining the accounts of users, completing transactions initiated by users and for analyzing user behavior and requirements. Along with providing users with the most enjoyable online gaming experience, we also build a relationship of trust with our users. Our commitment to protecting user data is based on the principles of transparency, fairness, accuracy, data minimization, integrity and confidentiality.
2. What is included in personal data?
Users’ personal data includes the following types of personal data or information:
1. Sensitive Personal Data
• Account password
• Financial information such as Bank Account, Credit Card, Debit Card or other payment instrument details
2. Other Personal Information
• Name
• Date of birth
• Telephone number
• Postal/Contact address
• PAN (as applicable)
• The IP address of your computer, browser type and language.
• The date and the time of your accessing the site.
• The address of the website that you may have used to link to our Website
• Your photograph for the purpose of testimonials and other promotions.
• Any other information that is defined as “sensitive personal data or information” in law.
3. Users’ Consent
Consent to the use of Sensitive Personal Data and Other Personal Information
All users of Spin Winner consent to the use of their Sensitive Personal Data and Other Personal Information by Spin Winner for the purposes stated in this policy. We restrict access to personal user information to our employees, contractors and agents and only allow access to those who need to know such information in order to process it on our behalf.
Users are entitled to withdraw consent to the use of their Sensitive Personal Data or Other Personal Information by emailing a specific request to ormergvurdm@gmail.com . Withdrawal of consent to use all or any part of Sensitive Personal Data and Other Personal Information may result in immediate withdrawal of any right provided to the user to use the services provided by Spin Winner. Withdrawal of consent by users shall not restrict the right of Spin Winner to use Other Personal Information for the analysis of user data, subject to the condition that the Other Personal Information used in such analysis is not personally identifiable to any individual user.
Users’ providing photographs to Spin Winner for marketing purposes gives Spin Winner irrevocable rights to use them and it is solely Spin Winner's discretion to delete or not use them any further.
Spin Winner may also use software applications for Website traffic analysis and to gather statistics, used for advertising and for determining the efficacy and popularity of Spin Winner and other such purposes.
Consent to the use of cookies
A cookie is a small text file that uniquely identifies your browser.
You understand that when you visit the Website, cookies may be left in your computer. The cookies assigned by the servers of Spin Winner may be used to personalize your experience on the Website. Additionally, cookies may also be used for authentication, game management, data analysis and security purposes.
Cookies may also be assigned by the advertisers of Spin Winner when you click on any of the advertisements, which may be displayed on any website, in which case such cookies are controlled by these advertisers and not Spin Winner.
Consent to email communication
When you register your email address with Spin Winner, you agree to receive email communication from Spin Winner, entities specifically authorized by Spin Winner, and other users. You also agree and acknowledge that when you use our referral program for referring someone, Spin Winner may send emails to the person referred by you on your behalf and the email headers will carry your email address as the address from which such emails are sent.
Spin Winner may also access and store such information relating to your contacts to send invitations and other promotions to them periodically.
Consent to telephonic communication
Any telephonic communication between you and our Customer Support staff may be recorded for the purposes of employee training and quality management, as well as the speedy resolution of your queries.
4. Data Security
We take appropriate security measures to protect user data from unauthorized access and its unauthorized alteration, disclosure or destruction. These measures include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store users’ personal data. Spin Winner has a comprehensive information security program and information security policies that contain managerial, technical, operational and physical security control measures adopted by Spin Winner for the protection of Sensitive Personal Data and Other Personal Information.
Information gathered by Spin Winner is stored securely using several information security applications including firewalls. However, security is always relative and Spin Winner cannot guarantee that its security measures are absolute and cannot be breached. Data transmitted over the Internet is inherently exposed to security risks or threats. For instance, the security of information transmitted via chat or email might be compromised and such information may be used by others. Therefore, Spin Winner cannot guarantee any security for such information in the course of transmission through the internet infrastructure or any unsolicited disclosures made by any users using the services of the Website.
When you register with Spin Winner, your account is protected by means of login information, including a username and a password, which is known only to you. Therefore, you should not provide your personal information to anyone whosoever: breach hereof constitutes violation of this Policy and may result in closure of your account in certain cases. If you become aware of or reasonably suspect any breach of security, including compromise of your login information, it is your responsibility to immediately notify Spin Winner.
The Website may contain links to other websites. Such websites are governed by their own privacy policies, and Spin Winner does not exercise any control over them. It is your responsibility to read and understand the privacy policy of such websites when you visit them following links provided on the Website. You are advised to exercise caution in sharing any personal information with any third party that advertises on the Website: Spin Winner shall not be responsible for the information provided by you on or to third party websites.
Spin Winner has a policy of not sharing any personally identifiable information with anyone other than the entities specifically authorized by Spin Winner, which may include advertisers and sponsors of Spin Winner. However, Spin Winner may use information like your name, photo, login ID and the state from where you are participating when announcing the results of any contests hosted on the Website. Such contests are further governed by terms and conditions, which shall be available on the Website as and when such contests are hosted on the Website. Spin Winner conducts periodic analysis and survey of the traffic to our web for market research and advertising purposes. Spin Winner reserves the right to share your registration information with Spin Winner-appointed market research and advertising companies or firms from time to time for the said purposes. Spin Winner may also use cumulative non-personal information for auditing and analysis purposes with the aim of improving its services.
5. Privacy measures for minors
Our Website and contests are meant only for persons aged 18 or above. If you are under 18 years of age, you are not permitted to use our Website. If you are a parent and/or guardian and believe that we may have inadvertently collected personal information from your child, you can notify us immediately by sending an email to ormergvurdm@gmail.com
6. Exclusions
Spin Winner may share Sensitive Personal Data and Other Personal Information if sharing of such information is necessary
• to comply with legal processes or governmental requests;
• to enforce its Terms of Service and this Privacy Policy;
• for prevention of fraud;
• for issues involving information security, or
• to protect:
1-. your rights,
2-.rights of Spin Winner, or
3-. rights of the general public.
7. Limitation of Liability
Spin Winner confirms that this Privacy Policy is only a description of its operation regarding user information. This Privacy Policy is not intended to create, and does not create, any legal rights in your favor or in favor of any other person. Spin Winner reserves the right to change this Privacy Policy at any time without giving you prior notice. The liability of Spin Winner shall be limited to the removal of Sensitive Personal Data from the system of the Website and the removal of personally identifiable elements of the Other Personal Information. Notwithstanding anything to the contrary contained in this Policy and elsewhere, the aggregate liability of Spin Winner for all claims for damages pursuant to the provisions of services on the Website, including claims in respect to the violation of this Policy, shall be limited to the aggregate maximum amount of liability as provided in the Terms of Service. Your continued use of the Website constitutes your agreement to this Privacy Policy and any amendments thereof.
8. Grievance Officer
All complaints related to personal data must be sent to ormergvurdm@gmail.com