Terms of Service

1. CONTRACTUAL RELATIONSHIP

    1.1. Wimo Platform is a opinion trading platform offered by Wimo Technologies Private Limited (“Company”, or “We” or “Us” or “Our”), a company incorporated under the laws of India and having its registered office at Office 950, Regus, Spaze i-Tech Park, Tower A1, Sector - 49, Sohna Road, Gurgaon-122018, Haryana through which any person (“User”, “You”, or “Your”) can exercise his/her knowledge and based on publicly available information (including information source made available through the Wimo platform) trade opinion on the probability of occurrence of a future real world event.
    1.2. These Terms of Use (“Terms”) along with the privacy Policy, event and settlement policy (“Platform Policies”), govern the use and access of any mobile based applications, websites, content, product and services, web applications and any related services offered by the Company through the Wimo Platform (collectively referred to as “Services”).
    1.3. Your access and use of the Services constitute your agreement to be legally bound by the Platform Policies, which establishes a contractual relationship between you and the Company.
    1.4. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services on the Wimo Platform. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. The Company shall be entitled to amend the Platform Policies and any event rules and regulations referred to herein or provided by the Company in relation to the Services, from time to time. Such amendments to the Platform Policies and rules and regulations referred to herein shall be effective upon the Company sending an email to the User’s registered email address or posting notifications in the User accounts or posting of such updated Platform Policies, rules and regulations on its website. Your continued access or use of the Wimo Platform and Services after such posting constitutes your consent to be bound by the Terms, as amended or supplemented. In case you do not accept the modified Terms, policies, rules or regulations, you are free to stop using the Wimo Platform and the Services offered therein.
    1.5. In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You.

2. DEFINITIONS

    2.1. “Applicable Law(s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person;
    2.2. “Bank Account” means a financial account maintained with a Banking Company;
    2.3. “Banking Company” means a banking company as defined under section 5(c) of the Banking Regulation Act, 1949 and any statutory amendments thereof;
    2.4. “Barred States” means any state in the territory of India where provision of our Services has been prohibited under Applicable Laws.;
    2.5. “Cash Events” means specified future real-world events involving a financial stake, as determined by the participants of the event, in accordance with the event terms and conditions, as may be notified;
    2.6. “Deposit Segment” means the segment of the Wimo Account to which the money deposited by a User is credited;
    2.7. “Event Rules” for each event, means the rules and regulations applicable to such event which are accessible on the Wimo Platform;
    2.8. “Platform Fee” shall have the meaning given to it in Clause 9.1.
    2.9. “Platform Policies” means the Terms along with the privacy policy, event settlement policy, source agency trading policy, event trading policy and any other rules and regulations specified for an event from time to time;
    2.10. “Refund” means the reversal of the charges paid by a User to participate in a Cash Event, to such User’s Wimo Account.
    2.11. “Terms” mean these Terms of Service;
    2.12. “Wimo Account” means the user account maintained with the Company, which enables users to participate and deposit and utilize funds on the Wimo Platform;
    2.13. “Wimo Platform” means the Wimo website and related mobile applications on which the Services are made available to users in different formats;
    2.14. “Withdrawable Balance” means the amount in the Withdrawable Segment;
    2.15. “Withdrawal/ Withdraw” means the transfer of all or part of the Withdrawable Balance to a User’s designated Bank Account, upon specific instructions by that User to the Company to initiate such transfer;
    2.16. “Withdrawal Request” means a request by a User on the Wimo Platform to initiate Withdrawal;
    2.17. “Withdrawable Segment” means the segment of the Wimo Account to which the winnings of a user from the Cash Event are credited, less the applicable Platform Fees and other levies/deductions.

3. ACCESS TO THE SERVICES

    3.1. Our Services are not intended for or offered to any person below the age of 18 years, or persons who are residing in any of the Barred States. We have the right to always restrict access to the Services, in any State in India and reserve the right to update the list of Barred States based on Applicable Law(s).
    3.2 .If You are below the age of 18 years or a resident in any of the Barred States, You may not access and use Our Services. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that persons below the age of 18 years are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and/or he/she fails to provide Us with a valid proof of age.
    3.3. In order to access some of the features of the Wimo Platform or other elements of the Services, You will be required to create an account and register yourself on the Wimo Platform by providing a name, valid phone number, valid email id, age or any other information as may be required (“Wimo Account”). You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by the Company). You further agree to update and keep updated the registration information. All information provided by You will be kept confidential and processed in accordance with Our Privacy Policy.
    3.4. Upon Your creation of the Wimo Account, You will be required to choose a username and a password to protect Your Wimo Account. You agree to always maintain the security and secrecy of the username and password of Your Wimo Account. You agree that You shall be solely responsible for all activity that occurs under Your Wimo Account on the Wimo Platform. You are prohibited from creating or using multiple Wimo Accounts on the Wimo Platform. If multiple usernames are detected for one User, We may take penal actions, including cancellation of all bonus amounts on linked Wimo Accounts and suspension of linked Wimo Accounts. If a User chooses a username that, in the Company’s considered opinion is obscene, indecent, abusive or that might subject the Company to public disparagement or scorn, or a name which is an official team/league/franchise name and/or name of any sporting personality, as the case may be, the Company reserves the right, without prior notice to the User, to restrict usage of such names, which in the Company’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from the Company, deny such User access to the Wimo Platform, or any combination of these options.
    3.5. When You register with Us, You agree to receive promotional messages, administrative messages and advertisements from the Company and/or its affiliates, through SMS, email, call and push notifications in relation to Wimo Platform. You may withdraw Your consent to receive such notifications by sending an email to support@getwimo.com.
    3.6. You acknowledge and agree that any instruction or communication transmitted by You or on Your behalf though the Wimo Platform is made at your own risk. You authorize the Company to rely and act on, and treat as fully authorized and binding upon You, any instruction given to us through Your account. You acknowledge and agree that We shall be entitled to rely upon your username and/or password to identify You and You agree that You will not disclose this information to anyone not duly authorized by You.

4. USE OF SERVICES

    4.1. The Wimo Platform will make available questions relating to the probability of the occurrence of a specified future real-world event, data and information collated from publicly available sources related to a particular future real-world event in two formats: Cash Events and non-Cash Events. We may increase or decrease the number of formats offered through Wimo Platform, at our sole discretion.
    4.2. Trading on Positions: You will be free to take an informed position (i.e., Yes/No) on any of the events listed on the Wimo Platform based on Your knowledge about the subject matter relating to the event and/or Your understanding and analysis of the information and data available on that future real-world event. You can purchase a position on an event based on Your discretion, skill, and knowledge. The price of purchasing the position shall be determined by the Company, in its sole discretion. You may, at your discretion, purchase multiple positions on an event. You are permitted to purchase both Yes and No position on an event. The User will be displayed data in relation to the chosen future real world event which may, but not necessarily include the number of opinions of Yes or No received on the future real -world event and total funds invested in the matched trade.
    4.3. Matching of Positions: The Wimo Platform shall, on a reasonable effort basis, attempt to match a User’s position on a specified future real world event with a complementary position of another User. Once a complementary position is found and matched, neither of the Users are permitted to cancel or modify their position (save and except in accordance with and in the manner set out in Clause 4.4 below). The winning User will be determined based on the occurrence and outcome of the specified future real world event on which the two Users have taken informed positions. If a User takes an informed position on a specified future real world event but no complementary position is available or matched till the occurrence of the specified future real world event, the amount paid by the User for purchasing the position shall be refunded to the User’s Wimo wallet.
    4.4. Withdrawal of Unmatched Positions: In the event, a User’s position remains unmatched, he/she shall have an option to cancel the position taken and purchase a new position. In the event, any positions of the User are partially matched then the number of positions that are not matched can be canceled by the User and the amount will be refunded back to the Wimo wallet of the User.
    4.5. Certain future real world events may have specific rules that the Company will notify the User(s) before a User takes a position. Such rules shall be in addition to these Terms unless otherwise specified in the said additional rules. Your continued access or use of the Wimo Platform and Services constitutes your consent to be bound by such additional rules.
    4.6. Unless otherwise provided in the term and conditions for a particular future real-world event, a future real-world event that ends as a ‘no-show’ / ’no result’ / ’abandoned’ / ’draw’ / ’undetermined’ / ‘tie’ / ‘unknown’ etc. will be considered a ‘no’ outcome for the purpose of the result of that future real-world event.
    4.7. The User acknowledges and agrees that to take positions on a future real-world event, a User may beis required to add money to their Wimo Account on the Wimo Platform. The Company may, in its sole discretion, specify the amounts that can be added or held by a User either in aggregate or tranches. Credits and Withdrawals towards taking positions, winning positions, or losing positions will be made to and from (as the case may be) the wallet in the User’s Wimo Account.
    4.8. Cancellation of Events: The Company reserves the right to abandon or cancel a specified future event or adjust the deadline for taking positions on such specified future event in certain specific, uncertain scenarios, which are beyond the Company’s reasonable control. The Company shall endeavor to send communications through various modes including but not limited to emails, push notifications and/or SMS communication, about any such change to keep You updated.

5. RESTRICTION ON USE OF SERVICES

    5.1. The Company hereby grants You permission to access the Services, subject to Your compliance with these Terms and all other Platform Policies, rules and regulations. You also agree that in case You fail to adhere to these Terms and all other Platform Policies, rules and regulations, the Company shall, at its sole discretion have the right to take any action as may be necessary which shall without limitation include:
      5.1.1. restricting, suspending, or terminating User’s access to all or any part of the Services; or
      5.1.2. deactivating or deleting a User's Wimo Account and all related information and files on the Wimo Account. Save and except if the deactivation is pursuant to determination of fraud committed by User, any amount remaining unused in the User's Wimo Account on the date of deactivation or deletion shall be transferred to the User's Bank Account on record with the Company subject to a processing fee (if any) applicable on such transfers as set out herein.
    5.2. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Wimo Platform by any third party.
    5.3. You agree not to misrepresent your identity or affiliation with any other person or organisation.
    5.4. You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software which may be designed to modify or interfere with the Services.
    5.5. You agree not to alter or modify any part of the Wimo Platform or any of the Services;
    5.6. You agree not to host, intercept, emulate, or redirect proprietary communication protocols, used by the Company, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of the Services or any files that are part of it.
    5.7. You agree not to use the Services for any reason other than, non-commercial use solely as intended and permitted by the normal functionality of the Services. You shall not advertise, offer or sell any goods or services for any commercial purpose on the Wimo Platform without the express written consent of the Company.
    5.8. You agree not to purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Wimo Account, content, money, contest points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with the Services.
    5.9. Any form of fraudulent activity, including attempting to use or using any other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to the Your Wimo Account, accessing or attempting to access the Services through someone else’s Wimo Account is strictly prohibited. In case the Company becomes aware of or is of the opinion that You are indulging in such fraudulent activity, the Company shall have the right to terminate Your Wimo Account and notify the appropriate authorities of the same, where relevant.
    5.10. You undertake that You shall not permit any person to access or use Your Wimo Account and You will not use any form of external assistance to access the Services and shall not indulge in any activity which violates the Platform Policies.
    5.11. You shall not send spam emails or any other form of unsolicited communication for obtaining registrations with the Company to benefit from any promotional program of the Company or for any other purpose.
    5.12. Without limiting the foregoing, User agrees not to use the Wimo Platform for any of the following:
      5.12.1. to not upload, distribute, transmit, publish, share, display, or post content through Wimo Platform or through any service or facility including any communication feature provided on the Wimo Platform which:
      • belongs to another person and to which a User does not have any right;
      • is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the Applicable Laws;
      • is harmful to a child;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      • impersonates another person;
      • 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
      • contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
      • is otherwise objectionable or undesirable (whether or not unlawful);
      • is aimed at soliciting donations, chips or other forms of help;
      • disparages the Company or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, Services, or websites, in any manner;
      • is a illegal activity;
      • promotes a competing service or product; or
      • violates any law for the time being in force.
    5.13. Unauthorized access to the Wimo Platform is a breach of the Platform Policies and a violation of Applicable Law. You agree not to access the Wimo Platform by any means other than through the interface that is provided by the Company via the Wimo Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
    5.14. You agree and acknowledge that Use of the Wimo Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit the Company's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Wimo Platform or any services therein.

6. DEPOSIT, PAYMENT, REFUND AND CANCELLATION

    6.1. All payments for taking positions on the Wimo Platform will have to be made through your Wimo Account, by following the process indicated therein. Any addition of amounts made by You are credited to the Deposit Segment, Your winnings are credited to the Withdrawable Segment, and any amount credited against any promotional offer is credited to the Bonus Segment. Your Wimo Account also provides a record of all transactions made by You on the Wimo Platform.
    6.2. You can only buy positions for a particular event if Your Wimo Account has a minimum balance that corresponds to the amount You wish to buy the position. When You take a position (Yes/No), the Company shall place a hold on the amount at which You buy the position in Your Wimo Account.
    6.3. All transactions You make on the Wimo Platform shall be in Indian Rupees (INR).
    6.4. You shall be entitled to deposit funds in the Deposit Segment for the purpose of participating in events. You can only deposit up to INR [25,000] (Indian Rupees Twenty-Five Thousand) to the Deposit Segment in a single transaction. There will be a monthly deposit limit set by the Company with undertakings, indemnity, waiver and verification conditions as the Company may deem appropriate in its sole discretion. The Company will notify you of any changes in the deposit limits on the Wimo Platform.
    6.5. The deposits made by You in the Deposit Segment are purely for the purpose of participation in the event with real money and do not carry or generate any interest or return and cannot be directly withdrawn.
    6.6. You cannot transfer any funds from Your Wimo Account to the Wimo Account of another User, except as may be permitted by the Company.
    6.7. When adding cash to Your Wimo Account, You are required to ensure that the payment instrument used for this purpose belongs to You and matches the details You provided to the Company at the time of registration on the Wimo Platform.
    6.8. Credit cards, debit cards, prepaid cash cards, and internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization by the entity which processes such payments. You understand and agree that the Company shall not be responsible for delays or denials in processing payments at their end. The processing of payments will be solely in terms of the applicable policies and procedures of the relevant third parties, without any responsibility or risk of the Company.
    6.9. Once a payment/transaction is authorized and confirmed, and the funds are received by the Company, the amount shall be credited to the Deposit Segment and will be available for You to take positions on any listed event on the Wimo Platform. You understand and agree that We are not liable in the event of Your credit transaction is delayed or eventually declined, and you are required to follow up with the providers of the payment instrument You used to initiate the transaction.
    6.10. The Company shall have the right to cancel a transaction at any time and at its sole discretion, and if the relevant payment is successfully realized in such an event, the transaction will be reversed and the money credited back to the original source of payment.
    6.11. All funds collected from You are held in trust by Us and kept unencumbered in a designated account.
    6.12. You may Withdraw all or any part of the Withdrawable Balance to Your Bank Account, which will be processed by means of an electronic bank-to-bank transfer.
    6.13. At the time of initiating a Withdrawal request, You are required to provide the details of the Bank Account to which the funds are to be credited, and such Bank Account must belong to You.
    6.14. A Withdrawal request will be processed, subject to adequate Know Your Customer verification (“KYC”), alignment with the deposit method, policy restrictions and/or security reviews by the Company’s automated systems and risk management team. You agree that all Withdrawals You make are governed by the following conditions:
      6.14.1. You can withdraw all or any part of Your Withdrawable Balance, subject to the levy of applicable Platform Fees, processing fee (depending on the Withdrawal method), and applicable taxes.
      6.14.2. You may undertake a maximum of 2 Withdrawals per day with the maximum amount available to be withdrawn being INR 10,000 (Indian Rupees Ten Thousand only) When withdrawing funds, payment will be made to You either by electronic wire transfer, or any other manner in accordance with Your stated preferences and Applicable Law. We also reserve the right to disburse the amount only to the financial instrument used to add cash to Your Deposit Segment.
      6.14.3 Withdrawal Requests shall, subject to Withdrawal restrictions specified in the Platform Policies, be processed post Your KYC verification. We may ask You for Your KYC documents at any stage.
      6.14.4 Bonuses and promotional grantswinnings are not directly Withdrawable and are subject to the terms and conditions applicable to their grant.
    6.15. We will attempt to process Your Withdrawal Request in a timely manner, but there may be delays due to the time required for the KYC verification, security checks, and other processes involved in completing the Withdrawal transaction. You hereby agree that We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal Requests and remitting payments.
    6.16. You may request a refund in the following instances:
      6.16.1. where an event is canceled on account of a technical issue or Service defect solely attributable to the Company; or
      6.16.2. where You discover a violation of the Platform Policies. Please note that in such a case, a refund will be issued only when the Company’s risk management team, upon due investigation, discovers a violation of the Platform Policies by the players of a particular event that unduly prejudiced the user entitled to the refund.
    6.17. Upon receipt of a refund request from You, Your refund request will be verified and where accepted and the refund will be processed within two (2) weeks and the requisite refund amount will be added to Your Wimo Account.
    6.18. When You request for cancellation of any ‘add cash’ transaction on Wimo Platform, We may process such cancellation request within [two (2) weeks], subject to the cancellation request being made within two (2) hours of the ‘add cash’ transaction, additional checks and verifications being conducted where necessary, and there being no utilization of the added funds in the interim. Upon successful cancellation, the fund shall be credited to the original source used to add such funds.
    6.19. Your winnings may be disclosed to the relevant authorities, and requisite amounts may be withheld from payouts to ensure compliance with Applicable Law and lawful requests from the government, regulatory bodies, or an order of any court of competent jurisdiction. It is solely Your responsibility to ensure due remittance of all the applicable taxes.

7. KYC VERIFICATION

    7.1. You may be required to undergo an online additional KYC verification in the following scenarios:
      7.1.1. where the Company suspect’s or have been notified that You have violated any of the Platform Policies; and
      7.1.2. where You have been identified to be in breach of the applicable add cash thresholds (if any).
    7.2. As part of the KYC process, our automated system enables a mandatory process for Users to upload documents pertaining to their Permanent Account Number (PAN) and Bank Account details. Further, the name mentioned on Your KYC document(s) should correspond with the name provided by You at the time of registration on the Wimo Platform as well as the name and address existing in the records of Your Bank Account as provided to the Company. In the event that no Bank Account has been registered by You against Your Wimo Account or the User has not verified his/her Wimo Account, to the Company's satisfaction and in accordance with the Platform Policies, and in case You fail to register a Bank Account with Your Wimo Account and/or to verify Your Wimo Account, the Company shall not transfer any amounts to the User.
    7.3. The KYC documents must be uploaded on the Wimo Platform, and We do not accept submissions in any other form or manner.
    7.4. At the time of uploading the document on the Wimo Platform, You must ensure the following:
    • documents are valid;
    • the document is clear and legible, and shared in a jpg, jpeg, or pdf format; and
    • documents are not password protected.
    7.5. The validation of KYC documents may take up to three (3) working days from the date of submission of the documents. The Company reserves the right to validate and/or reject the KYC documents at its sole discretion. You will be notified of the status of KYC verification on Your registered mobile number/email address and on the Wimo Platform.

8. PROMOTIONS AND DISCOUNT

    8.1. The Company, from time to time, in order to conduct promotional activities, may gratuitously issue certain amounts in the form promotional balance to You for the purpose of participation on the Wimo Platform. The usage of any promotional balance issued by the Company shall be subject to additional limitations and restrictions as determined by the Company in its sole discretion. You acknowledge and agree that the issue of any promotional balance to You is subject to the sole discretion of the Company and cannot be demanded by You as a matter of right.
    8.2. In the event, Your Wimo Account is terminated by You voluntarily, or by the Company in accordance with these Terms or any of the Platform Policies, any promotional balance issued to You shall be forfeited by the Company and You shall have no further right or interest in such promotional balance.
    8.3. The Company may also at its sole discretion, offer discounts or waivers (“Discounts”) from the Platform Fee charged to You. The Discounts by the Company will reduce and reverse a part of the Platform Fee applicable to a specified future real world event and these updates to the Platform Fee will be reflected on the information panel available to each user on the Wimo Platform.
    8.4. Discounts may be granted to You on the basis of a number of parameters as may be determined by the Company from time to time. It is clarified that the Discounts offered by the Company to You shall not exceed the total Platform Fee chargeable to You for a specified future real world event and the Company has the right to reduce and vary Discounts accordingly.

9. PLATFORM FEE AND TAXES

    9.1. The Company reserves the right to charge a Platform Fee in consideration of the Company making available to You the Wimo Platform and the Services. The Platform Fee may be charged by the Company from the amount of profit made by You: (a) at the time of determination of the outcome of a specified future real world event on which the You have taken a position; or (b) at the time You sell your unmatched position on a specified future real world event (“Platform Fee”). The platform fee charged by the Company shall be determined by the Company, at its sole discretion and shall be specified and notified to You by the Company from time to time.
    9.2. The Platform Fee charged to You shall be inclusive of the Goods and Services Taxes (GST), at the rates mandated under Applicable Law. Variations to Platform Fees in the manner set out in this Clause 8, may impact the overall transaction details of an event wherein You have used real money for taking positions, including the taxes applicable thereon, and hence You are advised to periodically check the information panel. If You require any further information on any aspect of the Platform Fee, including the tax components thereof, You may write to us at support@getwimo.com.
    9.3. All events wherein You have used real money to take positions are subject to applicable taxes and levies. We are legally mandated to deduct tax at source (“TDS”) on winnings of more than INR 10,000/- (Indian Rupees Ten Thousand only) in a single event. In these cases, You will be required to furnish Your PAN. Accordingly, a TDS at the rate of thirty (30) per cent (excluding cess) will automatically be deducted from such winnings, and the remainder will be credited to the withdrawable segment. These limits and rates are subject to change as per Applicable Laws. The Company’s obligation in this regard is limited to deducting TDS as required by Applicable Law and providing You with an appropriate certificate of tax deduction. The Company reserves the right to verify Your PAN from time to time and to cancel any winning should Your PAN be found inconsistent in the KYC verification process. We shall have no liability or responsibility in connection with Your personal taxation matters.

10. THIRD PARTY SITES, SERVICES, CONTENT AND PRODUCTS

    10.1. The Wimo Platform may contain articles, photographs, text, graphics, pictures and other content belonging to or originating from third parties (the "Third Party Content"). Whilst the Company does check Third Party Content for accuracy, appropriateness and completeness when initially posted, You agree that the Company shall have no responsibility for or endorse any Third Party Content posted on the Wimo Platform, including without limitation the content, accuracy, offensiveness, opinions, reliability of or contained in the Third Party Content. Such Third-Party Content will be clearly labelled as such on the Wimo Platform.
    10.2. Your correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between You and that third party. Your correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the You shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that the Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
    10.3. The Wimo Platform may also contain hyperlinks to other internet sites including internet sites owned and/or operated by third parties. Your use of such hyperlinks and/or the sites shall be subject to the terms and conditions, if any, posted by such sites. You acknowledge that the Company does not exercise any control over the content hosted or posted on such sites and cannot be held responsible for any content residing in any third-party internet site. The Company's inclusion of third-party content or links to third party Internet sites is not an endorsement by the Company of such third party internet sites.
    10.4. You hereby agree and acknowledge that some future real-world events listed on the Wimo Platform may contain certain objective information with respect to such real-world events and the Company makes no claim no claim of this being exhaustive in relation to information regarding the specified future real world event. You are requested to undertake Your own research prior to taking any position on such future real-world events.

11. YOUR INFORMATION

    11.1. All information collected from You such as registration and financial information will be subject to Our{' '} Privacy Policy.

12. INTELLECTUAL PROPERTY

    12.1. The Company and/or its affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the word “Wimo”, the logo, the Wimo Platform and Services, and the underlying technology and documentation therein (“Company Intellectual Property”).
    12.2. Upon validly registering on the Platform, the Company grants You a limited, non-sublicensable, non-transferable and revocable right to use the Wimo Platform and the Services in accordance with these Terms and the Platform Policies. Any rights not expressly granted herein are reserved by the Company.
    12.3. All names, logos, marks, labels, trademarks, copyrights, intellectual and proprietary rights on the Wimo Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners.

13. TERMINATION, SUSPENSION AND OPT-OUT

    13.1. The Company reserves the right to suspend or terminate Your Wimo Account if the Company in its sole discretion if of the opinion that You have been engaged in activities that could lead to violation of the Platform Policies, or breach of security of Wimo Platform. In such a case, Your Wimo Account may be terminated immediately, and any promotional balance or funds therein may be forfeited.
    13.2. In the event Your Wimo Account is terminated in accordance with Clause 13.1, You will:
    • a. not be permitted to use the Wimo Platform or any services therein, from the mobile number, PAN, and Bank Account linked to the terminated Wimo Account; and
    • b. be permitted to withdraw the Withdrawable Balance, subject to applicable restrictions in the Platform Policies.{' '}
    13.3. In the event the Company is of the opinion, in its sole discretion that User have been engaged in breaching or attempting to breach the security or privacy protocols, the Company following an internal investigation may decide to undertake a range of remedial actions, depending upon the severity of the detected breach, which may include without limitation the following:
    • a. stop access and usage of Wimo Platform by such User, indefinitely;
    • b. permanently terminate such Wimo Account;
    • c. restrict Withdrawals;
    • d. demand compensation for the damages to the Company that occurred because of the breach and prosecute a User for any violation of Applicable Law and the Platform Policies if need be; and
    • e. prohibit You from registering with the Company or its affiliate’s platform or services, in the future.
    13.4. In the event, the Company reasonably believes or suspect that a User has been engaged in Fair Usage Violation:
    • we will notify You such breach/attempt to breach; and
    • We shall have the right to investigate and monitor such Wimo Account and activities on the Wimo Platform for such period of time as in Our reasonable opinion may be needed to investigate such breach. The balance funds of both users guilty of Fair Usage Violations will be frozen for a period of such 180 days. Such investigation will cover all the events that the concerned User has participated in since the time of registering on the Platform.
    • In the event, We, upon investigation are of the view that a Wimo Account is or has been engaged in Fair Usage Violations, then to the extent of the amount which is involved in such Fair Usage Violations, We may:
      • forfeit the fund in the Wimo Account;
      • repatriate the amount to the User or individuals who have been affected by the Fair Usage Violation; and
      • levy a Fair Usage violation fee of an amount up to an amount of INR 10,000 per instance of such Fair Usage Violation. You agree that such fee is not in the form of a penalty but is a reasonable and justifiable cost, manpower, technology, loss of reputation that the Company may suffer due to the violation of the fair usage. The fair usage violation fee may be debited from the funds in the Wimo Account or in the event the balance in the Wimo Account is not sufficient to cover the fee, we may raise a claim for such fee against the User in accordance with applicable laws.
    • For the purpose of these Terms, “Fair Usage Violation” means any activity of a User that violates the Platform Policies, and includes without limitation:
      • activity that uses unfair means to manipulate the outcome of an event on the Platform, irrespective of whether this in favour of the user adopting such means;
      • activity that is fraudulent, illegal, or unfair activity, as determined by the Company in its sole discretion;
      • activity that is intended solely to transfer funds from one person to another person, or between distinct sources, thereby amounting to money transferring; and
      • activity that involves collusion between two or more Users to achieve a result during a game, thereby amounting to syndicate playing; and
      • such other activity as may be determined by the Company, from time to time.
    13.5 If We have been instructed or made aware of a cyber fraud or any other fraudulent activity related to a User’s Wimo Account by a governmental, police or any law enforcement authority or agency, then the Company reserves the right to (a) suspend such Wimo Account; and (b) transfer any funds lying in the Wimo Account to such Bank Account as may be instructed by the governmental, police or any law enforcement authority or agency. The Company also reserve the right to block any and all withdrawals from the Wimo Account upon instructions from the governmental, police or any law enforcement authority or agency
    13.6. The Company may through itself or through its affiliates attempt to validate Your Wimo Account via call or email. If we are not able to get in touch with You on the first occasion, the Company will make subsequent attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, the Company bears no responsibility for your access and use of the Services being interrupted. In case We are unable to reach You or if the validation is unsuccessful, The Company reserves the right to disallow You from logging onto the Wimo Platform or restrict any or all Services on the Wimo Platform till such time We can satisfactorily validate Your Wimo Account. In such an event, the Company will notify You via email of the next steps regarding Your Wimo Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your Wimo Account is limited or access to the Services is restricted as a result of unsuccessful Wimo Account validation, We may take seven (7) working days to reinstate complete access to Your Wimo Account and the Services upon successful validation. If We have made several unsuccessful attempts to reach out to You, we reserve the right to terminate Your Wimo Account and refund Withdrawable Balance, if any. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction.
    13.7. You are free to discontinue using the Wimo Platform at any time by sending an email indicating such intention at support@getwimo.com (“Discontinuation Request”). If at such time, there is a positive Withdrawable Balance and/or funds in Your Wimo Account, We will disburse the same to You by electronic transfer in accordance with these Terms, subject to any applicable charges.

14. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

    14.1. Disclaimers
      14.1.1. Any material accessed, downloaded or otherwise obtained through the Wimo Platform is done at Your discretion, competence, acceptance and risk, and You will be solely responsible for any potential damage to Your computer system or loss of data that results from Your download of any such material.
      14.1.2. In case the Company discovers any error, the Company reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to You or deduction from Your account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, the Company agrees to notify You of the error and of the exercise of the remedy(ies) to rectify the same.
      14.1.3. Any Services being hosted or provided or intended to be hosted on the Wimo Platform and requiring specific permission or authority from any statutory authority or any state or the central government shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Services are hosted or provided.
      14.1.4. To the extent permitted under Applicable Laws, in the event of suspension or closure of any of the Services, You shall not be entitled to make any demands, claims, on any nature whatsoever.
      14.1.5. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” The COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE OR MAKE ANY WARRANTY THAT THE WIMO PLATFORM WILL MEET THE USER’S REQUIREMENTS OR EXPECTATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
    14.2. Limitation of Liability
      14.2.1. To the extent permitted under Applicable Laws, neither the Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
      14.2.2. To the extent permitted under Applicable Laws, the Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Services, Wimo Platform or sites.
      14.2.3. To the extent permitted under Applicable Laws, the Company shall not be responsible for any loss or damage which You may incur as a result of: (a) any reliance placed by You on the completeness, accuracy or existence of any materials contained on the Wimo Platform; (b) Your failure to provide the Company with accurate account information; or (c) Your failure to maintain the confidentiality of Your Wimo Account information.
      14.2.4. Neither the Company nor any of its affiliates, employees, nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be liable for any indirect, incidental, exemplary, punitive or consequential damages including but loss of profits, loss of data, persona injury or property damage related to, in connection with , or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages. You shall be solely responsible for any consequence resulting from Your participating in any of the Services or being associated with the Services. You understand that the Company assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in an event. Notwithstanding anything to the contrary contained in these Terms, You agree that the maximum aggregate liability of the Company for all claims against the Company or its affiliates, parent/holding company, subsidiaries, directors, officers, professional advisors and employees, in all circumstances other than for valid withdrawal, shall be limited to the Platform Fee (less discounts) paid to the Company over the preceding three (3) months from the date on which the liability arose.
    14.3. INDEMNITY
    You agree to indemnify and hold harmless the Company, its affiliates, parent/holding company, subsidiaries, directors, officers, professional advisors and employees from any claims, actions, suits, damages, penalties, or awards brought by any entity or individual in connection with or in respect of Your use of the Services.

15. COMPLAINTS AND DISPUTES

    15.1. If You have any complaint or grievance relating to any aspect of the Services, You may approach the customer care and grievance redressal team for the resolution of such issues by writing to
    15.2. You agree that all complaints and disputes under the Terms shall be kept confidential. On receiving such complaints, grievances or notices, the Company reserves the right to investigate and/or take such action as it may deem appropriate. The Company may reach out to You to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance, or notice, and You acknowledge that timely assistance with the investigation would facilitate the redressal of the same. We will endeavor to resolve all grievances within a reasonable period, as mandated under Applicable Law (if any). Any decision taken by us relating to any complaint will be binding on You.
    15.3. The following are the details of the grievance officer:
    Name: Rajesh S
    Designation: Grievance Officer
    Email address: rajesh.s@getwimo.com
    The Company reserves the right to replace the Grievance Officer at its discretion through publication of the name and title of such replacement on the Company’s website, which replacement shall come into effect immediately upon publication.

16. GOVERNING LAW, DISPUTE RESOLUTION, AND JURISDICTION

    16.1. The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
    16.2. Subject to Clause 16.3, any dispute, controversy, or claim in connection with or arising out of the Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
    16.3. TIn the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of the Services by You, You must provide written notification to the Company of the dispute and relevant details. The Company shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within 30 (thirty) days, the dispute may be referred to arbitration.The arbitration shall be conducted before a tribunal of 3 (three) arbitrators wherein both the Company and the User shall be entitled to appoint 1 (one) arbitrator each and the 2(two) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The award arising from such arbitration proceedings will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator.
    16.4. Notwithstanding anything in Clause 16.3, the Company shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under Applicable Law, to safeguard its interest, at any time during the pendency of a dispute with You or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.

If you have any questions, write to us on rajesh.s@getwimo.com and we will answer them for you.