Effective date 1st April, 2017
The Terms constitute an agreement between you and Trinity Global Services including its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (collectively “Winning Bizness”), defining your and Winning Bizness’s rights and responsibilities with respect to the Service.
Winning Bizness grants you a non-exclusive, non-transferable license, revocable at any time at Winning Bizness’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the site, including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any information or content in the Service could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of information or content in the Service solely for your own non-commercial use, or to place an order with us. Any other use of information or content in the Service, including the modification, reproduction, distribution, republication, display or transmission of any information or content in the Service, without our prior written permission is strictly prohibited.
As part of the Service, Winning Bizness may provide you with content developed by Winning Bizness or its licensors (“Content”). Winning Bizness grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms. You are bound by any restrictions applicable to specific Content you obtain through the Service.
You may be able to submit information or content (“Material”) to the Service. Winning Bizness does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Winning Bizness. Winning Bizness is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Winning Bizness a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Winning Bizness to provide the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or cancelled, Winning Bizness may permanently delete your data. Winning Bizness has no obligation to return data to you after the Service is discontinued or cancelled.
4. Using the Service
You agree to:
- Comply with applicable laws, the Terms and good manners;
- Use the Service only for your personal, non-commercial purposes;
- Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libellous, blasphemous, defamatory, obscene, paedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
- Not to upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India.
- Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
- Respect the privacy of others;
- Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
- Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
- Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
- Be responsible for the consequences related to the Material that you post.
- To report any abuse of the above terms to Winning Bizness may but has no obligation to:
- Monitor or moderate any Content or Material;
- Remove any Material from the Service; and
- Restrict access to any part of the Service at any time in its sole discretion.
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Winning Bizness shall not be responsible for any claims or offense caused or suffered by you accessing such Content. You agree:
- To use the Content only for your personal, non-commercial purposes;
- To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
- Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise Winning Bizness promptly of any such unauthorized use;
- Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
- Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
- Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by Winning Bizness and/or its respective licensors and is protected by intellectual property laws. The third – party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, Winning Bizness reserves the right to enforce the third – party Content license terms against you as a third – party beneficiary of those terms. The third – party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. Winning Bizness may be acting as an agent for third party Content provider in providing the Content to you. Winning Bizness is not a party to the transaction between you and the third – party Content provider for such Content.
You acknowledge and agree that in no event will Winning Bizness or its licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use this site or any “materials” (whether based on contract, tort, negligence, strict liability or otherwise, and even if we and/or our subsidiaries, affiliates, licensors and/or suppliers has or have been advised of a possibility of damages); and that if you are dissatisfied with, or claim any damages relating to, any portion of this site, any “materials” or this agreement, your sole and exclusive remedy is to discontinue using this site and all “materials”. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, our and our holding company subsidiaries, affiliates, licensors and suppliers liability will be limited to the extent permitted by law.
Winning Bizness may post notices within the Service. Winning Bizness may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Winning Bizness sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
Winning Bizness assumes no responsibility for the payment of any charges of your service providers.
8. Order and Payment Terms
“Order” shall mean the selection of payable Content and/or subscription to Content offered by Winning Bizness and available in the Service and submission of payment method, as well as submitting the order by selecting the “buy”, “ok”, “I accept” or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Winning Bizness.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Winning Bizness will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Winning Bizness SERVICE TERMS