Wallet Terms and Conditions
SEMI CLOSED WALLET
As www.WINNSHOP.com is a site/platform owned by Intoweb Software Pvt Ltd(OPC). hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Intoweb Software Pvt Ltd(OPC).
- “Customer” “or” “you” mean a person who has registered with WINNSHOP.com for availing the WINNSHOP Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the WINNSHOP Wallet.
- "WINNSHOP Wallet” means the pre-paid payment instrument issued by WINNSHOP including Basic Account .
- “Charge(s)” or “Service Charge” shall mean the charges which WINNSHOP may levy upon you in consideration for subscribing to the WINNSHOP Wallet.
- “Basic Account” means Customer WINNSHOP Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, Email address, mobile number, which permit payment and domestic money remittance as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
- “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which WINNSHOP is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by WINNSHOP from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the WINNSHOP Wallet.
- “Password” means the secret password used to secure WINNSHOP Wallet applications, without knowledge of which your WINNSHOP Wallet will not be operable.
- “Transaction” means purchase of goods or services at Merchant establishments or equivalent amount of money-in WINNSHOP Wallet, if goods or services not available.
- “Person-to-bank transfer” refers to a facility to transfer funds from a WINNSHOP Wallet to any Bank Account.
- “RBI” means the Reserve Bank of India.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and WINNSHOP reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. WINNSHOP reserves the right to discontinue services/ reject applications for WINNSHOP Wallet at anytime if there are discrepancies in information and/or documentation provided by you.
- Any information provided to WINNSHOP with the intention of securing WINNSHOP Wallet shall vest with WINNSHOP, and may be used by WINNSHOP, for any purpose consistent with any applicable law or regulation, at its discretion.
- If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then WINNSHOP has the right to forfeit the balance amount in your wallet.
3. General Conditions of WINNSHOP Wallet
- You will be issued, Basic Account immediately after successful registration.
- You may recharge your WINNSHOP Wallet at through any of the methods mentioned at www.winnshop.com. The list of recharge methods of recharging WINNSHOP Wallet are subject to change at the discretion of WINNSHOP without prior intimation to the Customer.
- You may note that withdrawing money from WINNSHOP Wallet is not allowed. Any outstanding credit WINNSHOP Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-bank transfer.
- WINNSHOP Wallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.
- WINNSHOP Wallet are not transferable.
- The maximum monetary value that can be stored at any point of time in a WINNSHOP Wallet Prime Account is INR 1,00,000/-(INR One lakh only). The maximum permitted value of Transactions at any point of time in WINNSHOP Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a WINNSHOP Wallet Basic Account is INR 10,000/- (INR Ten Thousand Only). The maximum monetary value that can be transferred from one WINNSHOP Wallet Account to other WINNSHOP Wallet or bank account in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one WINNSHOP Wallet Account to other WINNSHOP Wallet or bank account in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of WINNSHOP without prior intimation to the Customer.
- WINNSHOP reserves the right to suspend/discontinue WINNSHOP Wallet Services to you at any time, for any cause, including, but not limited, to the following-
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
- For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
- If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which your WINNSHOP Wallet is related ceases to be operational or in your possession or control.
- If WINNSHOP believes, in its reasonable opinion, that cessation/ suspension is necessary.
- The value stored on your WINNSHOP Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-bank transfer. No interest will be payable by WINNSHOP on the available balance reflected on the WINNSHOP Wallet.
- You are permitted to maintain and operate only one WINNSHOP Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by WINNSHOP.
4. Wallet Charges & Validity
- You shall pay the Service Charges prescribed by WINNSHOP in the form and manner prescribed for such payment. WINNSHOP may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
- Any value in your WINNSHOP Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your WINNSHOP Wallet. WINNSHOP’s responsibility is limited to the debiting of your WINNSHOP Wallet and the subsequent payment to any Merchant Establishment that you might transact with. WINNSHOP does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using WINNSHOP Wallet.
- WINNSHOP reserves the right to levy charges/ charge commission upon any amounts loaded upon your WINNSHOP Wallet or any amounts spent/utilized by you using WINNSHOP Wallet.
Filling Wallet 0%
Purchasing the goods 0%
WINNSHOP reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.
- Redemption and Forfeiture
- Any value in Your WINNSHOP Wallet must be utilized:
- Within 6 months from the date of your last Transaction or
- Within 6 months from the date of activation; whichever is later.
- Any value in your WINNSHOP Wallet which is not utilized in the aforesaid manner may stand forfeited at the discretion of WINNSHOP. WINNSHOP reserves the right to forfeit the amount post adherence to the following communication process:
- WINNSHOP will send 15 days advance communication to Customers for outstanding amount in WINNSHOP Wallet by SMS at the mobile number on which Services have been activated.
- In case no response is received from the customer, second reminder will be sent to the customer to respond within next 15 days
- In case no response is received on the second reminder, third reminder will sent to the customer to respond within next 7 days.
- Again if no response is received on the third reminder, amount will be tagged in the system as forfeited and send to Board for approval. Post Board approval forfeited amount will be recognized as income in books of account.
5. Customer Obligations
- WINNSHOP Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. WINNSHOP Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any WINNSHOP Wallet channel or application.
- You must ensure the availability of sufficient funds before executing any Transaction from your WINNSHOP Wallet.
- You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of WINNSHOP Wallet. In case the Password is lost or misplaced, you shall promptly inform WINNSHOP by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your WINNSHOP Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform WINNSHOP. WINNSHOP will upon receipt of such information block the relevant account.
- You shall only use WINNSHOP Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.WINNSHOP.com and is subject to change at WINNSHOP’s discretion without prior intimation.
- You shall intimate WINNSHOP about change in your address, if any, in writing along with such proof of address as per the KYC documents.
- You shall not use WINNSHOP Wallet for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, WINNSHOP policy or public policy or for any purpose that might negatively prejudice the goodwill of WINNSHOP.
- You acknowledge and understand that WINNSHOP Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
- Information submitted by you for availing WINNSHOP Wallet and/or information submitted while using WINNSHOP Wallet may be shared with third parties by WINNSHOP, inter alia, to facilitate the provision of WINNSHOP Wallet.
- You shall ensure that the Services are not used for Transactions in foreign currency. WINNSHOP Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
- Without limiting the foregoing, you agree that you will not use the WINNSHOP Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Infringes any patent, trademark, copyright or other proprietary rights;
- contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
- Advertises or offers to sell any goods or services for any commercial purpose;
- is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- 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;
- Violates any law for the time being in force;
- Belongs to another person to which you do not have any right to;
- Interferes with or disrupts WINNSHOP’s websites, servers, or networks;
- Impersonate any other person;
- Harm minors in any way;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
- Engage in any illegal activities;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
6. Indemnity You agree to indemnify, defend and hold WINNSHOP and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the WINNSHOP Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
7. Additional T&Cs
- When you acquire goods, software or any other services from a Merchant Establishment through any of WINNSHOP’s Services, you understand and agree that, WINNSHOP is not a party to the contract between you and the Merchant Establishment. WINNSHOP does not endorse any advertiser or Merchant linked to its website. Furthermore, WINNSHOP is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that WINNSHOP shall not be responsible or liable for any deficiency in goods and/or services purchased using WINNSHOP Wallet. This exclusion of liability shall apply even for goods and/or services made available by WINNSHOP under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
- Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by WINNSHOP in any circumstances.
- Any web-link on the WINNSHOP Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
- In the event of any dispute, WINNSHOP records shall be binding as the conclusive evidence of the Transactions carried out through use of WINNSHOP Wallet.
- WINNSHOP shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
- You agree to receive all commercial message including transactional messages from WINNSHOP.
8. Amendment of Terms, Platform
- WINNSHOP reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
- WINNSHOP may modify, terminate and/or suspend WINNSHOP Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
- Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by WINNSHOP. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.
9. Eligibility and Registration to Use the Services
- You must be 18 years old to use WINNSHOP. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
- You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately at support@WINNSHOP.com.
10. Compliance with Law The WINNSHOP Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. WINNSHOP will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
11. Confidentiality Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of WINNSHOP Wallet, WINNSHOP may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
12. Assignment WINNSHOP shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
13. Intellectual Property Rights We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. WINNSHOP is owned by Intoweb Software PVT Ltd. Unauthorized use is strictly prohibited. All rights are expressly reserved to WINNSHOP.
14. Disclaimer WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
15. Waiver and Release To the maximum extent permitted by law, you waive, release, discharge and hold harmless WINNSHOP, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / WINNSHOP Wallet.
16. Consent to Electronic Communications and Transactions By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the WINNSHOP Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by sending us an e-mail at support@WINNSHOP.com, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us at support@WINNSHOP.com
17. Limitation of Liability
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER WINNSHOP, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
18. Choice of Law and Dispute Resolution These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
19. General The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of WINNSHOP. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
20. Grievance Officer The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. The Customer can lodge a complaint by sending email to support@WINNSHOP.com. This mechanism is exclusively dedicated for customer complaint redressal. Acknowledgement of Grievances & redress on Complaints:
1. CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.
2. The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
3. Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
4. The follow up action taken in respect of such complaints shall be advised to customers by e-mail.