The domain name www.winds.co.in and www.windseworld.com including the related mobile site/website and mobile application (hereinafter referred to as “platform”) is owned and operated by M/s winds e world (hereinafter referred to as ‘Winds’), a partnership firm formulated and registered under the provisions of Indian Partnership Act,1932 with its registered office at Sahara India Sadan, 2A Shakespeare Sarani, Kolkata-700071 and its corporate office at Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh-226024.
By usage of this service you accept the terms and conditions stated in this agreement. if you do not accept the terms of this agreement, then you shall not be allowed to use this service or use the information contained in this service.
Also, upon accepting the terms and conditions of the service, it shall be deemed that you have read and understood these terms and conditions.
You will be certifying that you are 18 years of age or above, are competent to assume legally-binding obligations. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any content(s) is/are appropriate for your child or not. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the content(s) is/are appropriate for you or not. It is clarified that the Winds can block the access of this Service for any user, anytime as per its sole discretion.
You agree and acknowledge that, by virtue of using this Service, you shall gain access to a variety of resources and content, from various domains. These will include: (a) software online resources with respect to the Content (“Software”) (b) products, services, equipment’s, goods, bill payment, flight booking, hotel booking, gift card shopping and other allied/retail goods and services etc. (“Content”); For the purpose of this agreement the term Software shall mean and include the trial version as well.
The guidelines for the usage of Software and Contents are mentioned herein below:
You agree and acknowledge that the present website/software/mobile application is an electronic platform in the form of an electronic marketplace and an intermediary and the usage of Software/application is subject to all agreements such as a license agreement accompanying this software and is subject to be used under the following circumstances: (a) the Software may be used solely and strictly for the purpose assigned and designated/decided by the Winds (b) the Software shall not be modified or altered under any circumstances whatsoever; and (c) the Software shall not be redistributed? (d) the Software shall only be used in connection with the Contents.
You agree and acknowledge that the Winds as per its discretion provides a permanent access to the Software for your usage and the Winds reserves its right to discontinue the usage of the Software anytime, without any prior notice to you. You agree that you shall not raise any claims for damages, losses or inconvenience, if in any event the access to the software is to discontinue and/or the Winds does not provide access to the permanent version of the Software.You agree and acknowledge that the Winds, its designees, third party vendors shall be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes. You agree and acknowledge that the Winds will have no confidentiality obligations with respect to such feedback.
The contents of the Winds Software / application / website can be viewed and used on your mobile for making purchases of various types of goods and services through various mediums designated by the Winds and, configure to the Contents that the Winds publishes or broadcasts via its Software.
Notwithstanding anything contained here, you agree and acknowledge that the Winds may have procured the Contents or part thereof under valid licenses, and then in case the delivery of the Contents and/or the Software or part thereof is stopped due to the termination of the such license agreements with the third party, then the Winds shall stop the use of such Contents or part thereof and you shall not raise any objection to the same and claim any loss from the Winds thereupon.
The Services are not available to Minors under the age of eighteen (18) or to any user suspended or removed from the Winds system for any reason whatsoever. Winds reserves the right to refuse access to use the Services offered at the website to new users or to terminate access granted to existing users at any time without recording any reasons thereof.
You shall not have more than one active Account on the mobile Application and website of Winds. You are prohibited from selling, trading, or otherwise transferring your unique login-id to another person. In case you are found doing so, Winds reserves the right to suspend or remove the said user from the platform of the Wind.
The Service may contain links to other World Wide Web or other online electronic sites or resources except those contents which are expressly acknowledged/permitted by Winds. You further acknowledge that Winds has no control over such sites and resources, you acknowledge that this Service does not endorse and is not responsible or liable for any Content, advertising, products, or other Contents on or available from such sites or resources. You further acknowledge and agree that Winds shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Contents, goods available on or through any such site or resource that are being displayed on such Service. You agree to the specific terms of this Agreement, whilst accruing the Service and you shall assume full responsibility of your actions with respect to such Service/Sale of such third party.
The use of the application / software / website / Application shall be free of cost and Winds does not charge from users, any fee for the use of its mobile application/website/software.
You understand that some sections of the Service may download cookies. Cookies are small text files that a Service sends to you to record your online activity. Cookies may be used on Winds to help personalize your visits to the Service, to improve how you use certain aspects of our sites. You can disable cookies by adjusting your browser settings, but if you do so please note that, some functions on this Service may not function correctly and properly.
You agree and acknowledge that the Contents are the sole and exclusive property of the Winds and are protected by copyright and other intellectual property laws.
This Service, including but not limited to Contents, business modules are a compilation and collective work belonging to the Winds. You acknowledge that the Contents have been developed, compiled, prepared, revised, selected, and arranged by the Winds or its service providers, its partners, its subsidiaries and its affiliates, after application of human knowledge and after spending substantial time on research and development, effort, and money and constitutes valuable intellectual property of the Winds.
You agree to protect the proprietary rights of the Winds and all others, having rights in the Service and its contents, etc. during and after the term of this Agreement and to comply with all reasonable written requests made by the Winds or its suppliers, equipment, goods or otherwise.
You agree to notify Winds in writing promptly upon becoming aware of any unauthorised access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (“Intellectual Property Rights”), at all times be and remain the sole and exclusive property of the Winds and you shall have no right or ownership with respect to the same. Except as specifically permitted by the Agreement, you may not copy or make any use of the Content with respect to this Service or any portion thereof. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of the Winds. The Party hereto agrees and confirms that no part of any intellectual property rights mentioned herein above is transferred in the name of User and any intellectual property rights.
Furthermore, you shall not use any of the trademarks, trade names, service marks, copyrights, or logos of the Winds or its subsidiaries or any advertisers or sponsor which is displayed on the Service with your own mark or mark of any third party, without a prior written permission of the Winds.
You shall not use the Contents for any illegal purpose or in any manner inconsistent with the terms and conditions specified herein. You shall utilize the Contents as per the direction/agreement and endorsement of the Winds for the benefit of any other person or entity. You shall not use, transfer, distribute, or dispose of any information (copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit etc). You shall not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a network or hyperlink framing on the internet without the prior written consent of the Winds. It is clarified that the contents of the software shall not be used to construct a database of any kind, for any reason.
You shall not upload or send any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable and not upload or send any commercial, promotional, or solicitation information.
Under no circumstances, shall Winds, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to any user on account of such user’s use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Winds is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or the materials or the internet generally, reliance upon or performance of any material contained in or accessed from any platforms.
Winds does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, service or process disclosed on the platforms or other material accessible from the platforms.
The user of the platforms assumes all responsibility and risk for the use of this platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent, as permitted by law.
You need to purchase daily routine goods/retail goods from the following registered vendors of the Winds:
Subject to compliance with the terms, Winds grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this website and the services provided therein. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that you access on the website. You, being the originator of the user content, are solely responsible for the user content that you upload, post, publish, transmit or otherwise make available on the website.
You hereby grant Winds a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the user content and create derivate works of the user content.
When you use the website and/or the services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content that:
You shall solely be responsible for maintaining the necessary computer / mobile equipment that may be required to access, use and transact on the website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
You may need to install updates that we (or any third party) introduce from time to time to use the services, product/s, website including downloads
You can access and use the application / website / services only as a registered user. To become a registered user, you need to create your account on the website using your true credentials, including your name, mobile number, address, bank details and other required information. You can register using your Aadhar number or PAN number too. By registering on website, you undertake that the information provided by you is true and correct to the best of your knowledge. These information and credentials are individually and collectively referred to the “Account Information”. If you provide any information that is untrue or inaccurate, Winds has the right to suspend or terminate your registration.
You will be responsible for maintaining the confidentiality and security of the Account Information, and for all activities that occur under your account. You may be held liable for losses incurred by Winds or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
You shall ensure that the account information about yourself such as name, contact details, email address, bank account details, PAN no., service tax registration, provided by you in the website’s registration form is complete, accurate and up-to-date because Winds has reasonable grounds to suspect that such information is untrue, and has the right to suspend your account.
The ownership of the product(s) purchased will be transferred to you after successful delivery of the same at the destination provided by you, until which the ownership of the product/s shall vest with the vendor alone. Any damage in transit on account of inadequate / unsuitable packaging will be attributable only to the vendor. Winds shall not be responsible for any unsatisfactory or delayed performance of the vendor including delays as a result of the product/s being out of stock.
You agree that the primary and sole responsibility for the redressal of your complaints will rest solely with the vendor at all times. However, Winds may inform the vendor to provide or facilitate the provision of such services to you.
You also further agree that the address at which delivery of the product ordered by you is to be provided, is correct and proper in all respects and in case if a non-delivery occurs on account of a mistake by you (i.e. wrong name or wrong address etc). any extra cost incurred by vendor for redelivery shall be claimed from you.
You acknowledge that before placing an order you are required to check the product description carefully at all times. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description, geographical limitation of warranty and notifications of voltage incompatibility in case of electronic / electrical products.
The users / customers / end-users / offline vendor(s) will be entitled to participate in a monthly promotional lucky draw conducted by Winds after securing the target purchase / sale / supply / delivery of consumer goods. A purchaser is eligible to participate in the Lucky draw whereas only off-line vendors are eligible to participate in the lucky draw. The participation in the scheme is based on securing the Winds Point termed as W.R.P. (Winds Reward Points) in case of Purchaser and W.S.P. (Winds Service Points) in case of off-line Vendor. The participation in the Monthly Promotional Lucky Draw will be free of cost i.e. without any payment of participation fee / entry fee by the participants.
Eligibility Criteria for entry in Promotional Lucky Draw for off-line Vendor:
Every Winds Vendor shall be termed as “Executive Partner” and only off-line Vendors are eligible to participate in Lucky Draw. The entry of the off-line Vendors in the promotional Lucky draw shall depend upon total secured Winds Point, which is termed as W.S.P. (Winds Service Points). On receipt of payment of 1 rupee by an off-line Vendor towards the service rendered by Winds, 1 W.S.P. is allotted to the said off-line Vendor. On earning 10,000 WSP’s an offline vendor becomes eligible for the next month’s lucky draw. Each Executive Partner will be assigned a Star Rating based on the percentage of service charges paid by him to Winds. WSP’s in multiples of 10,000 generated in a month shall contain multiple entries in the next monthly draw.
Eligibility criteria for entry in Promotional Lucky Draw for Purchaser:
In case of Buyer/Purchaser, the entry in the promotional Lucky draw shall depend upon securing the Winds Point by the Buyer/purchaser which is based on the purchases made. The Winds point is termed as WRP (Winds Reward Points). On securing 10,000 WRP’s a purchaser become eligible for the next month’s lucky draw. WRP’s in multiples of 10,000 generated in a month shall contain multiple entries in the next monthly draw.
Winds categorize the off-line Vendors in Star-Rated Winds Executive Partner Outlets which allot WRP’s in different denominations. There is no time limit. Once, a purchaser accumulates 10,000 WRP’s, he/she becomes eligible for the next month’s lucky draw. WRP’s in multiples of 10,000 generated in a Month get multiple entries in the next monthly lucky draw.
The types of Star rated Winds Executive Partners and the status of WRP’s on purchase allocated to it is mentioned below:
The WRP’s will be generated by Winds in favour of purchaser, only after the off-line vendor approves the purchases made by a Purchaser and payments made thereupon. After the intimation by the off-line Vendor the WRPs shall be generated / allocated by the Winds in the account of the Buyer/Purchaser. Winds reserves its sole discretion to amend, time to time, the rules for participation, commencement, volume and value of the promotional Lucky Draw. Non-payment/delayed payment by the purchaser to the Vendor or the delayed payments of service charges by the Vendor to Winds shall disqualify such purchaser/vendor to participate in the monthly promotional lucky draw.
The prizes in the promotional Lucky Draw shall be decided by Winds and updates with regard to the monthly promotional Lucky Draw scheme and monthly prizes therein shall be posted, time to time, on the platform/Application/website of Winds. The prizes under the Monthly Promotional Lucky Draw shall be subject to the deduction of current applicable Taxes thereon as amended.
You unequivocally and unambiguously acknowledge and agree that the proposal / planning / formulation / conduction of the scheme of monthly promotional lucky draw by Winds shall be without any payment of participation fee/ entry fee and the same shall be for the promotion of the services/sale/business module of the Winds and in no event, the lucky draw shall by adjudged/termed/treated as Lottery in terms of Section 2 (b) the Lotteries (Regulation) Act,1998.
You agree that usage of this Service is at your own risk. The Winds expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. The Winds makes no warranty that the Contents and the Software will meet your requirements, that they will be uninterrupted, timely, secure, or error free nor does the Winds makes any warranty that the Contents and the Software make any warranty as to the results obtained or as to the accuracy or reliability of any information that is duly obtained after the usage of this Service. No advice or information that you may obtain from the Contents and the Software shall create any warranty not expressly stated therein.
You understand and acknowledge that the Service is being provided for “User Trials” and is made available on an “AS IS” and “AS AVAILABLE” basis. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and mobiles) connected thereto. The Winds strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. In addition, the Winds is not obligated to provide any maintenance, technical or other support for the Service.
You agree that Winds may, in its sole discretion cease your access to this Service without any prior notice, in the event that if, the Winds discovers that you have acted inconsistently with the obligations or the spirit of this Agreement or of other policies; or if the Winds is of the opinion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided is found to be false or that we have been unable to authenticate or verify the veracity of such information.
You agree to indemnify and keep indemnified Winds, its officers, directors, agents and employees, safe and harmless against any and all action, suits, third party claims, judicial proceedings, losses, damages, expenses, judgement, order, decree, lien, notices, investigation, cause of action, demand, penalties, fees, fines or liability of any nature, which may be caused to, suffered by or incurred to such it as a result of or arising out of or concerning any breach, default, contravention, non-observance or non-performance of any of the duties and obligations provided herein or failure or any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your (or account, where applicable or delay on your part to perform your respective obligations or breach of the covenants, declaration, agreements and declarations contained in this Agreement. The Winds reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Winds in asserting any available defense. You acknowledge and agree to pay reasonable fees to the attorney of Winds, incurred in connection with any and all lawsuits brought against you by Winds under the Agreement and any other terms and conditions of this Service.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Service, the Services provided therein, and the participation in any active commercial activity conducted in or through this service.
If any provisions of this Agreement are held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or un-enforceability, and the remainder thereof, as well as the remaining provisions shall be fully enforced. If you have any concerns regarding such links or the content located on such other Services, you should contact the webmaster or site administrator for those respective Services. Winds does not verify the accuracy of the information and content provided in such third-party services and providing such information or links cannot and should not be construed as support, backing, or other endorsement by Winds of such site and/or information.
Any dispute arising out of this Agreement shall be governed by the laws of India and the Courts of Lucknow, India shall have exclusive jurisdiction with respect thereto.
Winds trade name, logo, trademark, software, databases, reports, Service and information are proprietary, and this Service retains all rights, title and interest therein. This Service may, from time to time, in its sole discretion initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself or about any other party, using aliases or otherwise attempt to manipulate the feedback.
Other rules regarding this Service are posted at various pages throughout the site. These rules have as binding an effect as this user agreement and are incorporated into these Terms for service and by reference and may be subject to change without prior notice and in its sole discretion. If you have any questions/quarry about the Agreement, or about accessing and using this Service, please feel free to contact us at firstname.lastname@example.org
Users, both guest and registered shall have the option to accept or decline these terms. Please provide acceptance to these terms only if you agree to the provisions provided herein.
If you disagree to these terms, please decline by clicking on the appropriate box. By declining these terms, you agree to continue as a guest user with limited access to the website and this will stop the registration process.
Thank you for your support of this Service, and the services provided through this Service. By clicking on the “I AGREE” button, or otherwise accessing this Service and using the information contained in this Service, you agree to the terms of this Agreement. We welcome you to enter into this Service.