Terms of Use
Last updated: October 1, 2024
We, at WinZO Games Private Limited (WinZO, we, our, us), provide an online platform, which hosts skill-based games to be played casually, or for real money, content, and related solutions (Services), via our mobile application, titled “WinZO” (Platform, this shall be included in the definition of “Services”) to end users (Users, you, your). These Terms of Use (Terms) are legally binding and must be read in conjunction with the Privacy Policy (https://www.winzogames.com/privacy-policy), both of which shall form a legally binding agreement.
By accessing, downloading or using these Services, you agree to be bound by these Terms.
You are requested to carefully read these Terms from time to time before using the Platform or participating in a contest. You should check these Terms periodically for changes. Users acknowledge and accept that they may be subject to receiving periodic communications, in relation to their obligation to comply with the terms. Your continued use of the Platform and the Services shall be deemed to be effective and valid consent.
Services
1. You hereby represent that you have attained the age of majority to access the Services and the Platform. You will not in any manner use our Services or Platform, if you are not of at least 18 years of age.
2. The games on the Platform, which can be played for real money, are open only to Indian residents except the residents of states of Assam, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, and Telangana (hereinafter “Prohibited States” which for the purpose of these terms will mean states which have prohibited playing games of skill for real money, either by way of legislation, or as per judicial precedents). This list of Prohibited States may change from time to time; you are advised to peruse the terms from time to time to apprise yourselves of the updated list. WinZO does not offer poker for stakes within the territory of Gujarat. Users are permitted to access the free to play versions of all games, if they are so made available on WinZO, regardless of their state of residence.
3. If you are residing and/or accessing the Platform from any region/state/country where a contest for stakes is prohibited or restricted by law or other reasons, then you are prohibited from registering and participating in the said contest. You must comply with the laws that apply to you.
4. In case you participate in the contest by misrepresentation, we in our sole discretion may disqualify you at any stage of the process, withhold any prize that you may have won and take legal action against you. If you are found or suspected to be defrauding the systems of the Platform in any manner then you will be debarred from participating in contest(s) and we may take legal action against you.
5. To ensure compliance with the above conditions, before accessing the online games offered by us, you remain liable to inform us about the State in which you are located. Such information can be passed on to us by updating the “State” information on the Platform/application
6. No person, whether WinZO’s employee or not, involved in the development, maintenance, or operation of the Services, may participate in any contest on the Platform, if their participation may alter or unfairly influence their performance in such contest, except without WinZO’s written permission, and subject to such terms as WinZO may impose.
7. WinZO reserves the right to withdraw or discontinue or terminate a contest at any stage without prior notice and without any liability whatsoever to you.
8. In any contest on the Platform, which is being played for money, in case of a draw/tie, the final decision would be that of WinZO, and you will not be entitled to any refunds in such a situation.
9. WinZO gives its users a personal, royalty-free, non-assignable, non-exclusive, and revocable limited access to use its Platform and avail its Services. Such access is for the sole purpose of enabling the personal and private usage of the Services by Users, as provided by WinZO, in accordance with these Terms. WinZO may, at its own discretion, cease totally or partially, and/or permanently or temporarily restrict the access to the Platform without prior notice or communication to the Users.
10. Each game available on the Platform will be governed by the specific set of rules which are featured against each game, and we urge you to peruse the same before accessing them.
11. Any charges incurred by the Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges, remain the full responsibility of the Users.
12. The content made available through the Services is provided on an “AS IS” basis. We do not make any representations, warranties, or guarantees, in relation to the quality, suitability, truth, accuracy or completeness of any content made available on the Platform. The Users acknowledge the sole responsibility for and assume all risk arising from their use or reliance of any content.
13. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our Services; use any robot, spider, scraper, or other means to access our Service. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Service. You agree to not threaten, coerce, defame, harass, bully, offend, or engage in offensive communication with us, our employees, or our service partners. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our Service. If you engage in any conduct that violates these Terms, or otherwise engage in any illegal or fraudulent use of our Services, we may restrict or terminate your use of the Services, and block, restrict, or forfeit any amounts, prizes, or privileges that you may have received on the Platform, or that have otherwise been given to you. We may also seek refunds and take legal action against you.
Accounts
14. You must register with our Platform to be able to avail our Services and may be required to provide such necessary details and identification proof/s for us to create a valid and accurate profile for your use. As you may also avail the Services to play for real money, any withdrawals made by you will be subject to any KYC considerations that are mandated in law.
15. You may be able to use a social media log-in to register with us. In such circumstances, you will be bound by any terms of use and privacy policy of such third-party companies, and WinZO does not have any control over their operations. We urge you to familiarize with their policies before you proceed with such registration and linkages.
16. A User may be able to register or operate up to two User accounts with WinZO. If WinZO is made aware that a User has registered more than two User accounts with WinZO, or is using multiple mobile numbers to play on the Platform, it may restrict your use of the Services, and block, restrict, or forfeit any amounts, prizes, or privileges that you may have received on the Platform, or that have otherwise been given to you.
17. Users are responsible for safeguarding their access to the Services and follow the general internet etiquettes that must be adhered to. WinZO will not be responsible for any loss that Users may suffer because of any unauthorized access granted to their accounts and/or use of the Services, and WinZO accepts no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise.
18. In the event any user breaches, or WinZO reasonably believes that such User has breached these Terms, or has illegally or improperly used Services, WinZO may, at its sole and absolute discretion, and without any notice to the user, restrict, suspend or terminate such user's account and their access to all or any part of Services, and take such legal action as may be necessary.
19. Users agree to exit/log-out of their accounts at the end of each session. WinZO will not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
20. Without limiting the foregoing, Users agree not to use the Services for any of the following.
i. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication and to exercise due caution and discretion in the use of WinZO;
ii. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
iii. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
iv. To advertise, offer or sell any goods or services for any commercial purpose on WinZO without the express written consent of WinZO;
v. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
vi. To impersonate any person or entity, including, but not limited to, a representative of WinZO, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
vii. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through WinZO or to manipulate User's presence on WinZO(s);
viii. To publish information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement violence or disturb the maintenance of public order or the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
ix. To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
x. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to the purpose of that particular Forum.
21. In the event where the username is not appropriate, WinZO reserves the right to disallow use of such name.
22. Users must please review and familiarize themselves with WinZO’s Responsible Gaming Policy, available at www.winzogames.com/responsible-gaming-policy, and undertake to access the Platform and our Services in compliance with this Policy.
23. If you wish to delete your account, you may do so through the profile menu on the WinZO Platform, or as per our privacy policy, available at www.winzogames.com/privacy-policy. Once your account deletion request is authenticated, we may initially deactivate your account for 90 days or may immediately close your account.
Games of Skill
24. The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, WinZO may employ a normalisation metric to pool players across games for hosting a contest. WinZO may also record and publish user’s performance(s) from time to time for the purposes of research, offering games for free-to-play, promoting responsible-gaming, facilitation of game plays, skill-determination for game of skill, computation of skill level of users, etc. Each Contest will be governed by the skill set you demonstrate to play and achieve the outcome. The platform guarantees that all players are provided with identical environment in each contest, regardless of their jurisdiction/ country. This ensures a fair and consistent experience for every participant. Games of skills under the laws of the country, are allowed to be played for real money, barring certain prohibitions, restricted across certain states, where we disallow you from accessing our Services, either in part or in full.
25. Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has defined games of skill in this manner: “A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is the dominant element – “skill” or “chance” – which determines the character of the game”.
Contests, Deals, Levels and In App purchases
26. WinZO may conduct promotions, including, without limitation, contests, consolation prizes, level redemptions. Each promotion may have additional Terms and rules that may be applicable, which will be posted or otherwise made available to you, and for purposes of each of these activities, will be deemed to be incorporated into and form a part of these Terms and will be binding on you.
27. Tier Levels - WinZO may classify its Users into different Tier/Profile levels as per its discretion and a proprietary algorithm that factors in multiple variables relating to the activity of the users, viz. Number of games played, performance within those games etc. Such Levels have no monetary value and do not constitute currency or property of any type.
28. Certain parts of the Services may be available to you, only upon payment of a participation amount.
29. WinZO reserves the absolute right to determine (i) the format of any contest; (ii) prizes structure; (iii) selection of winners; and, (iv) manner of disbursal of rewards, gifts and deal redemptions.
30. WinZO makes no assurance and will have no liability with respect to the quality of the product(s), rewards, gifts, deal redemptions,, logistics and handling procedures, or unforeseen costs or unfavourable constraints that may surface when a User claims rewards.
31. If WinZO charges its Users a Platform Fee for its Services, WinZO may, repay such Platform Fee if there is any negligence or deficiency on the part of WinZO or deliberate breach of these Terms, but not if a User’s account is suspended or removed on account of:
i. Any breach or inadequate performance by the User of any of these Terms and Conditions; or,
ii. Any circumstances beyond WinZO’s reasonable control.
32. WinZO may send communications like announcements, administrative messages, or promote and market its Services, via text message (SMS) or other media, on contact channels submitted by a User to create their account or use the Services, as per its Privacy Policy.
Third Party Sites, Services and Products
33. WinZO may contain links to other websites owned and operated by third parties. Links to such websites or resources do not imply any endorsement by WinZO of such websites or resources or the content, products, or services available on such websites or resources. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. WinZO does not exercise control over any Internet sites apart from WinZO and cannot be held responsible for any content residing in any third-party Internet site.
34. Users’ interactions with such third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ interactions with such third parties will be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User acknowledges sole responsibility for and assumes all risk arising from its use of such websites or resources.
35. WinZO may embed certain links to third party services including but not limited to YouTube. Your interaction with such third-party platform/s are governed by their policies, and we urge you to review their policies before you proceed with availing such services via the offerings of WinZO. The YouTube terms are available at https://www.youtube.com/t/terms; and the Google Privacy Policy is available at https://policies.google.com/privacy?Hl=en-US. Also, to control your interaction with Google account or their services allows you to control your rights and activities, and may be accessed at https://myaccount.google.com/permissions?Pli=1.
Intellectual Property
36. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, are owned by or licensed to WinZO.
37. By submitting any content on or through the Services, you grant WinZO a worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such content in any and all media or distribution methods now known or later developed.
38. Without limiting WinZO’s rights in and to the Services, you expressly authorize WinZO to use your name, username, likeness, image, sobriquet, caricature, alias, moniker, profile image, details of your winnings and any other such materials derived from the Services throughout the world and for perpetuity, as WinZO may require for the purposes of providing its Services, for featuring on the Service, and/or any promotional and marketing activity undertaken by WinZO on the Service, social media platforms, websites owned and operated by WinZO and/or its affiliates, or any other mode or media, as WinZO may deem appropriate.
39. Users must not copy, distribute, make available to the public or create any derivative work from any content made available on the Platform and/or to any other User. WinZO respects the intellectual property rights of others and expects its users to do the same. If users or any third party believe that their content has been copied in a way that constitutes infringement, they will provide WinZO with the following information: (i) identification of the protected work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iii) contact information, including address, telephone number, and an email address; (iv) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner; and, (vi) by way of writing countersigned, or if via e-mail with a valid electronic signature.
40. All rights, title, and interest in and to the Services, remain WinZO’s exclusive property, and/or of its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the WinZO name or any of the WinZO trademarks, logos, domain names, properties and other distinctive brand features, without WinZO’s prior written consent.
Tax & TDS Policy
41. In compliance with amendments made to the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, respective State Goods and Services Tax Acts, 2017 and other laws, rules, or notifications governing indirect taxes effective from October 1, 2023 (hereinafter collectively referred to as “GST Laws”), deposits made by Users will be subject to levy of GST at the rate prescribed under GST Laws from the aforementioned effective date. Users understand and agree that the amount they deposit will be “inclusive of GST” and will be adjusted for any discount received by the User in their Unplayed wallet, if applicable. To illustrate, GST will be calculated as “total amount collected X (Tax Rate in % of IGST, or as the case may be, CGST, SGST, or UTGST/100+ sum of tax rates, as applicable, in %)”. The GST amount will not be refundable to the customer for the withdrawal in any form. Users also acknowledge and agree that the address details they provide, if any, will be treated as their address on record for the purpose of GST Laws. Users may view their address details through their Platform profile. If there is any change in their address details, Users must promptly update their Platform profile, to ensure that their correct and updated address remains recorded by WinZO.
42. Further, any other taxes/levies/duty etc., as applicable, will be paid by the user of the Services.
43. WinZO deducts tax at source, i.e., TDS, on the net winnings of a user per its responsibility under applicable law, including as per Section 194BA of the Income Tax Act, 1961. The rate of such TDS will be as prescribed under the Finance Act of the respective financial year.
44. WinZO deducts TDS on net winnings as per applicable law. whether such net winnings are in cash or in kind or partly in cash or partly in kind, of a User. The value of TDS deducted will be irrespective of the mode of payment.
45. A User must provide his valid PAN so that WinZO can file TDS deducted accordingly. The same PAN details will be used by WinZO for filling the quarterly TDS return under Section 200(3) of the Income Tax Act, 1961. We may verify a User’s PAN from time to time. We may make necessary documentary corrections, may revise relevant tax filings, and/or may withdraw benefits given to a User, if we find any inconsistency upon verification.
46. In the event that the PAN is not furnished by the User, WinZO will be liable to deduct TDS at the rate of 30%, or at such prevailing rates that may otherwise be prescribed under applicable law. Furthermore, the User may not be allowed to credit/ withdraw any amounts to their account, unless such User has submitted their PAN with WinZO.
47. If a User provides erroneous, incorrect PAN details, the User will be deemed to have not provided their PAN at all.
48. Any prize distributed in kind to the user will also be treated as an instance of withdrawal for the purposes of applicability and calculation of TDS.
49. TDS has to be paid within 24 hours. Kindly provide WinZO a time period of 15 working days to deliver your prize.
50. To claim your winning product, if TDS is applicable (as per Section 194BA read with Section 115BBJ of the Income Tax Act, 1961) on your winning, winner gets 24 hours' time to pay TDS from the time of winning to claim their prize. If a user fails to pay TDS within 24 hours his/her winning will be considered as expired.
51. WinZO’s TDS policy is based on Applicable Law. WinZO reserves its rights to modify/ change/ amend the TDS policy in case of change in TDS provisions under Applicable law and apply TDS provisions applicable at the relevant time.
Payment Terms
52. In respect of any transactions entered into on the Platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
i. Subject to these Terms, all amounts deposited by the User after deduction of applicable GST are pre-disclosed and are held merely in a fiduciary capacity to facilitate gameplays, until determination of the Winners and distribution of prizes. Users inter-se agree that Winners of respective contests will pay the pre-disclosed Platform Fees, on behalf of the remaining Users.
ii. The User may participate in a Contest wherein the User must contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per its terms and conditions. WinZO has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount paid-in by the User towards the Prize Money Pool is debited from the User’s account balance, as described below.
iii. Users availing the Services are provided with three categories of accounts for processing and reconciliation of payments: (i) ‘Unplayed’ Account, (ii) ‘Winnings’ Account, and (iii) ‘Bonus’ Account. Amounts available within these categories of Accounts may not be transferred to another category, or to any third party Accounts.
iv. User's winnings may be credited in any wallet sub-section (Unplayed, Bonus, Winnings) in any proportion at WinZO’s discretion. Amounts remitted by Users through designated payment gateway are credited to a User’s Unplayed Account.
v. Each time a User participates in any contest on WinZO platform, the pre-designated amount may be debited in any proportion and order from any of the three wallet sub-sections (Unplayed, Bonus, or Winnings), per WinZO’s discretion.
vi. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User is directed to the designated payment gateway to make such payment. In case any amount added by the User through such payment gateway exceeds the pre-designated amount, such excess amount will be transferred to the User’s Unplayed Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms.
vii. Debits from the Unplayed Account to enable a User’s participation in a Contest are made in order of the date of credit of amounts in the Unplayed Account, and accordingly amounts credited into the Unplayed Account earlier in time are debited first.
viii. A User is permitted to withdraw any amounts credited into such User's Unplayed Account for any reason whatsoever by contacting WinZO Customer Support. All amounts credited to a User's Unplayed Account must be utilized within 60 days of credit. If any unutilized amount lies in the Unplayed Account after the completion of 60 days from the date of credit of such amount, WinZO reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Users may compulsorily be required to provide valid photo identification and address proof documents for proof of identity and address in order for WinZO to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name, if provided by the User at the time of registration on the Platform or otherwise within the Profile section on the Platform, as well as the name and address existing in the records of the User's bank account as provided to WinZO. If no bank account has been registered by the User against such User's account with WinZO, or the User has not verified his/her User account with WinZO, to WinZO’s satisfaction, and in accordance with these Terms and Conditions, WinZO will provide such User with a notification to the User's email address as maintained in WinZO’s records at least 30 days prior to the request date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the request date, WinZO will be entitled to forfeit any amounts subject to transfer. Failure to provide WinZO with a valid bank account or valid identification documents (to WinZO’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause. Requests to withdraw amounts deposited by Users into their Unplayed account will be processed net of GST, i.e., the GST paid on the deposited amount will be ineligible for refund.
ix. Withdrawal of monies from the Unplayed Account, may, therefore, only be allowed subject to the following the following process - PAN submission, Aadhaar verification, geolocation verification (as no withdrawal can happen outside the country), the withdrawal bank being that of the same person as per the verified documents. Withdrawal will be subject to processing fees and applicable taxes. Furthermore, any bonuses that may have been given as offers would be forfeited or adjusted at the time of withdrawal. Additionally, withdrawals from the Unplayed Account will be subject to a processing fee charged at 30% of the amount intended to be withdrawn.
x. Users shall have full control over the amounts standing to their credit in their Winnings Account in accordance with these Terms. However, withdrawals from the Winnings Account may be subject to certain limits and conditions as determined by the Platform, based on the user's loyalty level and user's risk profile to prevent illegal or fraudulent activities. While Users retain full control over their winnings, they may not be permitted to withdraw the entire amount in one transaction due to these limits. The Platform reserves the right to modify or adjust these limits based on ongoing assessments of the user's activity and behaviour. Any changes will be communicated to the users through the Platform's interface.
xi. Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a self-serve withdrawal request from within the Platform, but the amount will be forfeited upon completion of 60 days from the date of credit of such amount in the User's Winnings Account or upon completion of 60 days of inactivity, without liability or obligation to pay any compensation to the User. To facilitate withdrawals, WinZO may charge Users a processing fee at a rate determined by it in its sole discretion, which may vary for different Users. The applicable processing fee at the time of withdrawal is displayed on the withdrawal interface on the Platform at all times. Users must withdraw amounts in their Winnings Account only into their own bank accounts or payment instruments, whose details strictly conform with the PAN submitted by them.
xii. Further, in order to conduct promotional activities, WinZO may issue Bonus points (i.e., a Discount) to the User in any form for the purpose of participation in any Contest(s). Bonus (i.e., Discount) utilized by Users will be deducted from the entry fees payable to participate in a game/Contest. WinZO may give Bonuses (i.e., Discounts) of the following forms and/or types to Users, into their Bonus Account:
a. Add Cash: Given to Users who make a new deposit to their Add Cash account through payment gateways, as a percentage of the amount deposited.
b. Free Ticket: Given to Users as part of a novel User journey or through different User engagement actions. Free Tickets may be used to play games of skill at a 100% Discount.
c. Leaderboard: The Platform has multiple types of milestone and performance linked leaderboards, based on Users’ performance in games of skill. Leaderboard rewards and/or Bonuses are credited in the Bonus Account.
d. Loyalty: These are based on Users’ loyalty levels. Loyalty reward points may be redeemed for Bonus points, credited in the Bonus Account.
e. New User: These are offered to new Users who achieve specific milestones on the Platform, to aid their Platform experience.
f. Partial Discounts: Given to Users as part of a novel User journey or through different User engagement actions. Partial Discounts may be used to play games of skill at a partial Discount.
g. Rakeback: Given to Users based on their performance and engagement actions on the Platform.
h. Invite Friends: Offered as per the standard Invite Friends terms, described in more detail at Clause 54 below.
i. Sign Up: Offered to new Users who sign up on the Platform, to allow them to experience the Platform.
j. Spinner: WinZO offers an interactive Spinner feature on the Platform. Users may utilize this feature to receive Bonus amounts.
k. Discount Points: WinZO offers bonus to the Users when they add amounts to their Unplayed Wallet, as per schemes run by WinZO from time to time.
xiii. The usage of any points issued will be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by WinZO and as may be notified to the User at the time of issue of such amount. The issue of any points to the user is subject to WinZO’s sole discretion and cannot be demanded by any User as a matter of right. The issue of any such amount by WinZO on any day will not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by WinZO to such User. Bonus points will not be withdraw-able or transferrable to any other account of the User, including the User’s bank account, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User and/or WinZO terminates his/her account, all Bonus points granted to the User will return to WinZO and the User will not have any right or interest on such points.
xiv. ALL BONUSES CREDITED IN A USER’S ACCOUNT WILL BE VALID FOR A PERIOD OF UP TO 14 DAYS FROM THE DATE OF CREDIT. THE BONUS WILL LAPSE AT THE END OF 14 DAYS, AND NOT REFLECT IN A USER ACCOUNT THEREAFTER. Further, Bonus may be credited in any wallet sub-section (Unplayed, Bonus, Winnings) in any proportion at WinZO’s discretion.
xv. Upon confirming a transaction on the Platform, Users are bound by and must make payment for that transaction.
xvi. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that WinZO may have on third parties, transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User's Unplayed Account or Winnings Account balance. Similarly, the utilization of the Bonus points or amounts debited from Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User's Unplayed Account or Winnings Account balance. Users agree not to raise any complaint or claim against WinZO in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts.
xvii. A transaction, once confirmed, is final and no cancellation is permissible. WinZO may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions will also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions will prevail.
xviii. The terms of play of each game are displayed on the Platform for the User’s reference,. The User may also see the fixed/ variable Winnings amount a User may win on participation and successful completion of a Contest, on the Platform. Such amounts will be decided by WinZO for each Contest separately. The User would be eligible to withdraw only to the extent of their Winnings (before that expires) and after submission of relevant documentation to WinZO .
xix. Invoicing: Post 1st October, 2023, WinZo will issue an invoice for the amount of cash deposited by the User in their Unplayed wallet for playing games. For the period prior to 1st October, 2023, WinZO will issue an invoice against the Platform fees charged (inclusive of applicable tax thereon). Users may request for these invoices within 30 days from the date of the relevant transaction. WinZO may be unable to entertain invoice requests received after this period. Link to the Invoices will be provided to Users on the Platform itself. Shared Invoice links will expire within 60 minutes of creation if not downloaded. Users can request for another link if required. For any grievance related to invoicing, Users may reach out to invoices[at]winzogames.com. For avoidance of doubt, if despite your valid request, you are not able to access a copy of the invoices issued for your transactions, please reach out to us at invoices[at]winzogames.com, and we shall strive to respond to you within 30 working days of your request, with a copy of the same.
Standard Terms and Conditions of Promotions
53. These standard terms and conditions of promotions govern participation in promotional activities on the Platform:
i. Participation in any Promotion will be subject to a user complying with these specific terms. By participating in any Promotion, the participant further consents to and agrees to adhere with the terms and conditions of the WinZO game and WinZO’s Privacy Policy.
ii. The Promotions are only open to users in India. Participation in the Promotions by proxy is not permitted.
iii. Participation in the Promotions is voluntary.
iv. Participation in one Promotion does not guarantee that such a user will be eligible to participate in another Promotion.
v. An existing User must not register a new account or operate more than the permissible number of accounts with WinZO, to participate in a Promotion.
vi. Users wanting to participate in a Promotion may be required to verify their mobile number and other account details in accordance with the terms applicable for such Promotion.
vii. Persons intending to participate in a Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), will de-register themselves from the NDNC Registry till the completion of such Promotion (including the delivery of Bonus Amount (if any) or the free-entry (if any) under such Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against WinZO in this respect. Please note that persons intending to participate in a Promotion who have not de-registered themselves from the NDNC Registry will also have no right to make any claim or raise any complaints against WinZO if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.
viii. The verification process may require you to submit personal information about yourself.
ix. WinZO may, at its sole and absolute discretion, disqualify any user from a Promotion if such user engages in or it is found that such user has engaged in any illegal, unlawful or improper conduct (with regard to any of the Promotions or otherwise), and take further action as it may deem necessary in the circumstances.
x. The Bonus Amount (if any) deposited into the User’s account can be used to join contests on WinZO, as per the allowable limits for such contests and/or games. Users may access such limits on the Platform. THE UNUSED BONUS AMOUNT (IF ANY) WILL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).
xi. The deposit of the Bonus Amount (if applicable) or the grant of the free entry (if any) will be at WinZO’s sole discretion of WinZO, and will be subject to the user’s compliance with these Terms and applicable Promotion Terms. WinZO may substitute or change the Bonus Amount (if any) or free entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free entry (if any) for other items or exchange for cash.
xii. WinZO reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/rewards earned by the participant by using such benefits) if it determines or reasonably believes that a User has violated these Terms, the applicable Promotion Terms, or other terms that may apply. And WinZO may take further actions as it deems necessary in the circumstances.
xiii. Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion.
xiv. WinZO’s decision with respect to the Promotions and any privileges/benefits offered as part of such Promotions, will be final and binding. No correspondence, objection, complaints, etc. may be entertained in this regard.
xv. A Promotion cannot be clubbed with any other contest/offer/promotion that are running simultaneously and organized or conducted by WinZO.
xvi. WinZO does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of the Promotions.
xvii. Notwithstanding anything contained herein, the aggregate liability of WinZO to a participating user in relation to any Promotion for any reason whatsoever will not exceed Rs. 50.
54. Standard Terms and Conditions of "Invite Friends" program. The WinZO Invite Friends Program lets you invite friends to join the Platform. In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend may earn a Discount from WinZO of such predetermined amounts ("Bonus Amount/Discount"), which Bonus Amount will be redeemable to join Contests on the Platform. To participate in the Program, please note the following:
i. Participation in the Program is voluntary. A user will not register or operate more than one user account with WinZO and will not participate in the Program with more than one user account with WinZO.
ii. For the purpose of participation in the Program, you are required to have the WinZO Application downloaded and installed on your mobile device. Through the WinZO Application, you will be provided with a unique link or code, which can be shared by you ("Inviter") with friends (each an "Invitee") for the purpose of inviting such friends to create and register an account with WinZO and download the WinZO Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with WinZO and download and install the WinZO Application on his/her device; or (ii) download and install the WinZO Application on his/her device independently, register for a WinZO account through the WinZO Application and enter the unique code shared by the Inviter.
iii. The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of WinZO; and (ii) the Invitee successfully registering for an account with WinZO through the unique link or by using the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with WinZO ("Verification Period"). For the purposes of these Terms, an 'existing user of WinZO' will mean a user who presently operates an account with the Platform or operated an account with the Platform at any point of time.
iv. An Invitee who is an existing user of WinZO is not permitted to register a new account with the Platform for the purpose of availing of the Bonus Amount. WinZO will determine in its sole discretion whether an Invitee is an existing user of WinZO or not and take appropriate action.The verification of an Inviter/Invitee will be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account or 'Your Deposits' account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page of the Inviter/Invitee's account with the Platform. In the event that the Invitee opts to register for a WinZO account through the WinZO Application, the Invitee can verify his/her contact information at the time of registration.
v. The deposit of the Bonus Amount will be at WinZO’s sole discretion and will be subject to the Inviter’s/Invitee’s compliance with these Terms. WinZO may substitute or change the Bonus Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offering for other items or exchange for cash.
vi. Winzo reserves the right to:
a. Withhold the deposit of the Bonus Amount; and/or
b. Forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or
c. Credit the user's winnings amount in any contest in any wallet sub-section (Deposits, Bonus, Winnings) in any proportion at WinZO’s sole discretion.
vii. Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus Amount.
viii. WinZO may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
ix. The decision of WinZO will be final and binding with regard to the Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. Will be entertained in this regard.
x. This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organized or conducted by WinZO.
xi. WinZO reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
xii. The Terms and Conditions, as applicable to the WinZO’s fantasy games and services, will apply to and govern the Program.
WinZO does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.
Limitation of Liability.
55. To the maximum extent permitted in law, the access to and use of the Services or any content are at the users’ own risk. Users understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WinZO disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement. WinZO makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis; and, (v) whether jointly or severally, for any errors or omissions, on behalf of itself or third parties in relation to the prizes., will create any warranty not expressly made herein.
56. To the maximum extent permitted by applicable law, WinZO will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
57. In no event will the aggregate liability of WinZO exceed the total amount that such User has paid to WinZO in the six-month period ending on the date of the claim or to a maximum of One Thousand Indian Rupees (Rs. 1000), whichever is lower. The limitations will apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not WinZO has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
58. Users will be solely responsible for any consequences which may arise due to their access to WinZO’s Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify WinZO and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) On full indemnity basis for any loss/damage suffered by WinZO on account of such act on the part of the Users.
59. Users will indemnify, defend, and hold WinZO harmless from any third party/entity/organization claims arising from or related to such User's engagement with the WinZO or participation in any Contest. In no event will WinZO be liable to any User for acts or omissions arising out of or related to User's engagement with the WinZO or his/her participation in any Contest(s).
60. The failure of WinZO to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
61. These Terms will be governed by and construed in accordance with the laws of the Republic of India. It is further agreed and acknowledged by the Users, that their ability to access the Services will further be dependent upon the specific rules, laws, and regulations of their state of residence.
62. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely before the courts of New Delhi. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Grievance Redressal Mechanism
63. We maintain a 3-tiered grievance redressal mechanism for resolving any queries, concerns, or disputes with our users.
64. Level 1: We offer a user-friendly automated support system within the Platform. Users may ask queries in relation to every transaction they perform on the Platform (whether it concerns any Unplayed, Bonus, or Winning amounts, related withdrawals, and/or credits/debits). Our in-Platform system is robust. We acknowledge users’ complaints shortly after receipt, and attempt to resolve them within 24 to 48 hours of receiving such complaints.
65. Level 2: If users are dissatisfied with our in-Platform system and are unable to resolve their complaint, we allow them the option to speak with our dedicated Customer Support Team, through the Platform. This Team, in turn, makes its best efforts to promptly and effectively resolve users’ complaints, and in any event, within 24 to 48 hours of receiving such complaints.
66. Level 3: If a user is unable to resolve their complaint despite attempting the above grievance resolution channels, or have any any complaints or grievances pertaining to: (i) Any user content that you believe violates these Terms for the reporting mechanism for such claims), (ii) your access to the Services provided by WinZO or (iii) any Content which you believe is, prima facie, in the nature of any material which is obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, we expect the user to please share the same with us by writing to: grievanceofficer[at]winzogames.com ;
As we believe in smooth and quick resolution of issues that you may face, we will request you to follow this escalation chart, for quick disposal of grievances and early redressal.
In your complaint or grievance, please include the following information, as appropriate:
i. Your name and contact details: name, address, contact number and email address;
ii. Your relation to the subject matter of the complaint, i.e. Complainant or person acting on behalf of an affected person;
iii. The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance.
iv. Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made;
v. A statement that you believe, in good faith, that the Content violates these Terms.
vi. A statement that the information provided in the complaint or grievance is accurate.
67. We make our best efforts to resolve your complaints/grievances as soon as reasonably possible. And we are better able to resolve complaints/grievances if they are reported timely. So, we ask that you please report any complaints/grievances promptly. Any delay in reportage may affect our ability to resolve your complaint/grievance. In any case, we are unable to entertain or act upon complaints/grievances raised more than 90 days after the date on which a game is played.
68. On receiving such a complaint, grievance or notice, WinZO reserves the right to investigate and/or take such action as WinZO may deem appropriate. WinZO may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same. If you have any complaint, grievance, or notice you would like redressed, you may contact the Grievance Redressal Officer at:
The Grievance Redressal Officer,
WinZO Games Private Limited (formerly Tictok Skill Games Private Limited)
Email: grievanceofficer@winzogames.com
Office Hours: 10 am to 7 pm
69. The Grievance Officer identified above is pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
70. WinZO reserves the right to replace the Grievance Redressal Officer at its discretion, through publication on its website, and such replacement will come into effect immediately upon publication.
