1. Terms And Conditions
A. GENERAL
2. Introduction 1.1. These Terms and Conditions of Use ('Terms') constitute a
legally binding agreement between Wiwili Techworld Private Limited (referred
to as the 'Company', 'Wishaur', 'Us', 'We', or 'Our') and any person
('You'/'Your'/'User') accessing:
A. (i) Our website – www.wishaur.com ('Website') and the Wishaur mobile
application ('App'), including any sub-domains of the Website, or
related top-level domains,
B. (ii) any data, information, text, graphics, video, sound, pictures, and
any other materials appearing, sent, uploaded, communicated,
transmitted, or otherwise made available via the Platform ('Content') for
participating in various contests, quizzes, and games hosted on the
Platform ('Services'/'Games'/'Quizzes').
3. Binding Agreement 2.1. By accessing the Platform and Services, You agree
to be bound by these Terms and our Privacy Policy. 2.2. You acknowledge
and agree that Your access and use of the Platform and Services are subject
to these Terms and the Privacy Policy. 2.3. You further agree to abide by the
specific rules and regulations of each of the Games as applicable.
4. Electronic Record 3.1. This document is an electronic record under the
Information Technology Act, 2000 and rules thereunder. 3.2. Generated by a
computer system, it does not require physical or digital signatures.
5. Acceptance of Terms 4.1. By using or accessing the Platform and Services,
You acknowledge having read and understood these Terms and the Privacy
Policy. 4.2. Your continued use of the Platform constitutes acceptance of any
modifications to the Terms or Privacy Policy.
6. Modification of Terms 5.1. We reserve the right to amend, modify, update,
terminate, or supplement these Terms at any time. 5.2. Changes will be
published, and Users may indicate non-acceptance of modified Terms within
a specified timeframe. 5.3. Failure to indicate non-acceptance constitutes
acceptance of modified Terms.
7. User Acceptance 6.1. Non-acceptance of modified Terms may result in
denial of access to the Platform and Services. 6.2. Non-acceptance of
modified Privacy Policy may result in restricted access to the Platform and
Services.
8. Additional Terms 7.1. Participation in Games, Quizzes, or contests may be
subject to additional terms and conditions. 7.2. Users should read,
understand, and agree to abide by the rules and regulations of each game or
contest.
9. Company Rights 8.1. Company reserves the right to:
A. a. Move or remove any User-posted Content on the Platform.
B. b. Establish general practices and limits concerning Platform use.
C. c. Assign its rights and liabilities to any entity.
10. Use of Information 9.1. Use of information on the Platform is at Your own
risk. 9.2. We make no warranty as to the accuracy or reliability of the
information provided on the Platform. 9.3. We disclaim all liability and
responsibility for any loss or damage suffered by any recipient relying on
Platform information.
11. Data Transfer 10.1. You agree to the transfer of Your personal data and
information to us and third parties contracted to provide Services
12. B. Description of Services Offered
13. Access and Use 11.1. Subject to Your compliance with these Terms, the
Company grants You a personal, royalty-free, non-assignable, non-
sublicensable, non-transferable, non-exclusive, and revocable limited right to
access and use the Platform as part of the Services. 11.2. This right is solely
for Your personal private use to play skill-based Games hosted on the
Platform in India, until You are bound by these Terms, and not for any
commercial purposes.
14. Changes to Services 12.1. The Services may change or be modified without
prior notice. 12.2. The Company reserves the right to change, modify, or
delete the Platform, Services, information, and Terms listed thereon at any
time without prior notice.
15. Advertisements 13.1. The Services may include advertisements, which may
be targeted to the Content or information on the Services. 13.2. The types and
extent of advertising by the Company on the Services are subject to change.
16. Game/Quiz Rules 14.1. Specific rules, scoring, controls, and guidelines for
each game/quiz can be found within the respective game/quiz. 14.2. Users
agree to comply with such rules, scoring, controls, and guidelines.
17. User Charges 15.1. Any charges levied on Users for accessing the Services,
including internet connection and/or mobile or data charges, are solely the
responsibility of the Users.
18. C. User Registration
19. Account Creation 16.1. To access the Website or utilize the Platform, Users
must register. 16.2. Access to the Platform is granted through an Account
(defined below).
20. Account Limitation 17.1. Each User is permitted to open only one Account.
17.2. Duplicate accounts may be terminated or suspended by the Company.
21. Registration Details 18.1. To apply for an Account, Users must provide: 1.
Full Name 2. E-mail address 3. Password 4. State of Residence 5. Gender 6.
Date of Birth 7. Mobile Number 8. Bank Account Number 9. Permanent
Account Number Card (PAN Card) 10. Government-issued Identity
Documents (for KYC checks)
22. Verification Process 19.1. Users can register or log in through Google or
personal e-mail addresses. 19.2. Mobile number verification may be required.
19.3. Permission to open an Account is determined by the Company at its
discretion. 19.4. Additional identity verification procedures may be required,
including KYC checks, to verify the identity of Users. 19.5. Users agree to
supply necessary personal information and documents for KYC checks
23.
D. Eligibility
24. Age Requirement 20.1. Users must be over 18 years of age to access and/or
use the Platform and create an Account. 20.2. By agreeing to these Terms,
Users represent and warrant that: (a) They are at least 18 years old. (b) They
have not previously been suspended or blocked from using the Platform. (c)
Their registration and use of the Platform comply with all applicable laws and
regulations. 20.3. Users must not be residents of any Restricted Territories to
participate in Games/Quizzes on the Platform. 20.4. Company reserves the
right to request proof of identity to verify that minors are not using the Platform
and may exclude individuals from accessing or using the Platform if proof of
identity is not provided or if Company suspects that an individual is under 18
years of age. 20.5. Parents and guardians are encouraged to monitor their
children’s/wards’ online activities and consider using parental control tools
available from online services to ensure a safe online environment. 20.6.
Employees and directors of the Company are not eligible to participate in any
Games on the Platform.
25. Providing Information 21.1. Users agree to provide true, accurate, current,
and complete information at the time of registration and at all other times as
required by the Company. 21.2. Users agree to update and keep updated all
information provided for registration purposes.
26. E. Creation of Account and Use of the Platform
27. Account Creation 22.1. Upon grant of the Account by the Company, Users
can access the Platform, Services, and play hosted Games. 22.2. The
Company reserves the right to terminate Accounts for reasons deemed fit by
the Company in its sole discretion.
28. Account Usage 23.1. Users agree not to permit other persons to access or
use their Accounts. 23.2. Users agree not to access or use the Platform
through another User’s Account.
29. Prohibition of Multiple Accounts 24.1. Users are prohibited from operating
multiple accounts. 24.2. Company reserves the right to restrict, ban, suspend,
or terminate Users' Accounts if multiple accounts are detected. 24.3. Cash or
credit balances in multiple Accounts may be consolidated or forfeited at the
discretion of the Company.
30. Verification Requirements 25.1. Users may be required to verify credit
cards/bank accounts used for purchases or withdrawals to ensure compliance
with regulations. 25.2. Excess funds erroneously credited to Users' Accounts
may be forfeited.
31. Customer Identity Checks 26.1. Company conducts customer identity
checks to reduce financial crime. 26.2. Users are responsible for completing
'know your customer' checks with their respective banks and financial
institutions.
32. Disclosure of Personal Information 27.1. By accepting these terms, Users
consent to Company disclosing their personal information to third-party
agencies to verify identity. 27.2. Third-party agencies may use personal
information for verification purposes.
33. Voluntary Participation 28.1. Users acknowledge that participation in
Games/Quizzes on the Platform is voluntary and at their sole discretion and
risk.
34. Skill Based Quiz Games: A Distinction from Gambling and Lottery
35. Exclusive Hosting of Skill-Based Games 30.1. The platform exclusively
hosts games of skill.
36. Legal Classification 31.1. Users acknowledge that games/quizzes hosted on
the platform are categorized as games of skill according to Indian law. 31.2.
The platform explicitly does not endorse or offer any games of chance. 31.3.
Games of skill are characterized by the higher impact of a player’s effort and
skill on the game's outcome compared to luck.
37. Dependence on User's Effort and Skill 32.1. Games/Quizzes on the
platform hinge on the users' effort, performance, and skill for success. 32.2.
The Supreme Court of India has affirmed that the right to engage in games of
skill is constitutionally protected.
38. Territorial Restrictions and Compliance
39. Territorial Limitations 33.1. The platform is not offered in specific Indian
states and outside India. 33.2. Users from these states or regions are
restricted from participating in paid versions of the games due to prevailing
laws barring participation in games of skill where users must pay to enter.
33.3. Free versions of games/quizzes remain accessible in these territories.
40. Prohibition on Real Money Play 34.1. Users from the specified Indian states
or outside India are not permitted to play with real money or deposit amounts
for games/quizzes on the platform. 34.2. User location is verified using
technological means, including IP address logging and geographical tracking.
34.3. The platform reserves the right to delete/remove accounts from
restricted regions without notice.
41. Liability for False Information 35.1. Users providing false information to
access the platform from restricted regions bear sole liability. 35.2. The
platform reserves the right to delete/remove accounts of users providing false
information, with no entitlement to redeem or demand the account balance.
42. Non-Liability for State Law Breaches 36.1. The platform disclaims liability
for breaches of applicable state laws by users. 36.2. Users may face penalties
imposed by state or central governments for such breaches.
43. User Compliance Responsibility 37.1. Users across Indian states must
ensure compliance with applicable state laws. 37.2. The platform endeavors
to educate users on relevant changes in state laws, with final decisions
binding on users and no extension of consideration
44. Security Measures and User Responsibilities
45. Password and OTP Protection 38.1. Access to user accounts and any
actions regarding content modification are safeguarded by password and OTP
(One-Time Password) protection.
46. Limitation of Liability 39.1. The platform disclaims liability for any loss,
damages, or expenses resulting from failures, delays, interruptions, or
interferences in transmitting passwords/OTPs, beyond its reasonable control.
47. User Responsibility for Account Security 40.1. Users agree not to disclose
their password or OTP to anyone or allow unauthorized access to their
account. 40.2. The platform is not responsible for unauthorized access to
accounts due to user negligence in safeguarding login credentials.
48. User Information Protection Obligation 41.1. Users are obligated to protect
their provided information, including usernames, passwords, email addresses,
contact details, and bank account information. 41.2. The platform bears no
liability for user-provided information leading to account exposure, misuse, or
any ensuing harm or loss.
49. Limitation of Company Liability for Unauthorized Transactions 42.1. The
platform absolves itself of liability for authorized transactions resulting from:
42.1.1. Fraud committed by a user before notifying the platform of lost or
stolen access credentials. 42.1.2. Third-party fraud against users not
preventable by platform security systems. 42.1.3. Voluntary user-initiated
transactions not instigated by the platform. 42.1.4. Security, accuracy, legality,
or other aspects of third-party products or services. 42.1.5. Responsibility for
fund transactions between users.
50. Monitoring Account Activity 43.1. Users are advised to routinely check their
account balance to detect any unauthorized usage. 43.2. Suspected
unauthorized activity warrants immediate password change and notification to
the platform.
51. Reporting Unauthorized Use or Compromise 44.1. Users must promptly
report any lost, stolen, or compromised mobile or computer devices or
unauthorized account usage. 44.2. Contacting the platform immediately upon
awareness of any unauthorized account usage is imperative.
52. Transaction Caution 45.1. Users are advised to only transact with known
third-party products or services. 45.2. The platform acts as a mediator
between transaction parties but disclaims responsibility for disputes,
chargebacks, or reversals arising from user-initiated transactions.
53. Platform Termination/Suspension and Fraud Prevention 46.1. The
platform reserves the right to terminate or suspend accounts without prior
notice to prevent unauthorized use. 46.2. Users must cooperate with platform
investigations and adhere to prescribed fraud prevention measures, with no
liability to the platform for resulting account actions.
54. Information Sharing in Fraudulent Transactions 47.1. The platform may
share information associated with fraudulent transactions with relevant
authorities for verification, prevention, detection, investigation, prosecution,
and punishment purposes.
55. User Conduct
56. Responsible Gaming 48.1. Users are urged to view Wishaur's games and
quizzes as entertainment and are encouraged to play responsibly. 48.2. The
platform offers free games as an alternative to paid versions and emphasizes
entertainment value over financial gain.
57. Prohibited Actions 49.1. Users agree not to: 49.1.1. Employ automated
means to access or retrieve platform content without prior written consent.
49.1.2. Interfere with platform operations using any means. 49.1.3. Engage in
actions that unreasonably burden platform infrastructure. 49.1.4. Use platform
content for unauthorized competition. 49.1.5. Transmit spam, chain letters, or
other mass messaging. 49.1.6. Violate platform terms or misuse content.
49.1.7. Infringe upon the rights of others, including intellectual property rights.
49.1.8. Impersonate individuals or solicit personal information. 49.1.9.
Transmit computer viruses or destructive items.
58. Content Submission Guidelines 50.1. User-submitted content must not:
50.1.1. Violate laws or promote criminal behavior. 50.1.2. Contain false
information or misrepresentations. 50.1.3. Infringe upon intellectual property
rights. 50.1.4. Be commercial or false. 50.1.5. Harass, exploit, or harm others.
50.1.6. Contain advertising or promotions. 50.1.7. Threaten unity, integrity, or
public order. 50.2. Users must comply with all applicable laws and platform
rules regarding content submission.
59. Platform Monitoring and Response 51.1. The platform reserves the right to
prevent unauthorized access or usage, employ technological barriers, and
report user conduct as necessary. 51.2. Legal action may be initiated against
users engaging in prohibited activities, and relevant authorities may be
notified.
60. Exposure to Offensive Content 52.1. Users acknowledge the possibility of
encountering offensive content posted by others on the platform. 52.2. Users
should report offensive content, and the platform will take appropriate action
based on its discretion.
61. User Liability for Actions 53.1. Users shall not purchase, sell, or transfer
their accounts or associated attributes. 53.2. Non-compliance with terms and
rules may result in account restrictions, suspensions, or terminations.
62. Company's Right to Take Action 54.1. The platform may take necessary
actions against users suspected of violating terms, including legal recourse
and regulatory notifications. 54.2. Remedial actions may include restricting,
suspending, or terminating user access.
63. Communication Preferences 55.1. Users must ensure they can receive
platform communications by marking emails or SMS from the platform as
safe. 55.2. The platform is not liable for emails or SMSs unread due to being
diverted to spam or junk folders.
64. Username Policy 56.1. The platform reserves the right to change or delete
usernames deemed offensive or inappropriate without prior notice.
65. Unauthorized Access Prohibition 57.1. Users agree not to access the
platform through unauthorized means or use automated scripts without
platform approval.
66. Legal Compliance 58.1. Users must comply with existing laws and legal
processes while using the platform. 58.2. The platform retains the right to
comply with governmental requests related to user activity.
67. User-Contributed Content 59.1. The platform holds users responsible for
their contributed content and disclaims liability for user-contributed content.
68. Payment Terms
69. Transaction Structure 62.1. Users participating in games and contests on
the platform agree to the following payment terms: 62.1.1. Pre-designated
Platform Fee: Users pay a platform fee for access to the platform, inclusive of
applicable taxes. 62.1.2. Pre-determined Contribution: Users contribute
towards the prize money pool of games or contests, which is distributed to
winners as per game terms.
76. Refund Policy
In the event of a refund request, our company commits to fulfilling it within 21 days from the date of
receipt of the refund request.
Shipping Policy:
Below, please find our Shipping Policy:
1. *Shipping Timeframes*:
- Orders are typically processed and shipped within 10 business days from the date of purchase.
- Please note that shipping times may vary depending on the availability of the product and the shipping
method.
2. *Shipping Methods*:
- We offer various shipping methods to accommodate your needs, including standard shipping, expedited
shipping, and express shipping.
3. *Shipping Costs*:
- Shipping cost will be paid by our company.
4. *Delivery Estimates*:
- Once your product has been shipped, you will receive a shipping confirmation email with tracking
information.
- Delivery estimates provided are based on the available shipping method and the destination address.
- Please note that delivery estimates are subject to change based on factors such as weather conditions
and carrier delays.
5. *International Shipping*:
- We currently do not offer international shipping.
6. *Subject to Availability*:
- Please note that all products are subject to availability.
- In the event that an item is out of stock or unavailable for immediate shipment, we will notify you
via email and provide you with the option to:
- Wait for the item to become available and ship your order once it is back in stock.
7. *Customer Support*:
- If you have any questions or concerns about your order, shipping, or delivery, please don't hesitate
to contact our Customer Support team.
- Our dedicated team is here to assist you and ensure that your shopping experience with us is seamless
and satisfactory.
We appreciate your business and look forward to serving you again in the future.
Sincerely,
Team WishAur