Winkcoupons (hereinafter referred to as “Winkcoupons”, “we”, “us”, or “our”) provides a digital coupon marketplace in India (the “Services”) which includes, and is accessible via the website published at www.winkcoupons.com (and any other websites with winkcoupons branding that link to these Terms) (collectively, the “Site”). The Services, for example, allow users to access coupons of certain third-party merchants (“Merchants”) for online use.
Please do not use the Services if you do not agree to these terms. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application, or Services, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.
Winkcoupons offers you the specified discount against items/products belonging to the concerned merchants that are widely sold online. These discount vouchers are set up by the merchants’ promotional criteria and can be availed by anyone. These coupons usually last for a certain amount of time and will expire after a specified period. We have set the best deals and discounts for the shortest amount of time, sometimes only hours or a day. Hence, it becomes necessary for you to follow us regularly for discount codes to receive the best deals. Our motive behind these codes is to generate sales for the merchants within the
specified period, simultaneously leveraging the publicity and branding of these merchants.
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Winkcoupon (“Account”). You represent and warrant that all information provided by you to Winkcoupons is current, accurate, and complete and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Winkcoupons immediately if you become aware of any unauthorized use of your account(s).
User Generated Content
Winkcoupons does not pre-screen or regularly review all contributed content. However, Winkcoupons has the absolute right (though not the obligation) to remove, without notice, any content posted.
By posting any content, you represent and warrant:
1. you have an all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance, or license from any third party (such as but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the posted content, or
2. such posted content is in the public domain, or
3. your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or the entity, or otherwise constitute the breach of any agreement with any other person or entity.
4. You also agree not to post any of the following types of content to the Site:
1. adult content, pornography, explicit sexual images, or nude images;
2. content containing explicit, vulgar, or obscene language;
3. content promoting hate, abuse, or destructive actions;
4. content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
5. content promoting pirated software;
6. content intending for phishing or spreading malware;
7. content that is disparaging of any person or entity;
8. content that violates any law or regulation; or
9. any other content that is or could be considered inappropriate, unsuitable, or offensive, all as determined by us.
LICENSE TO WINKCOUPONS
By posting or contributing content to the Services, or by providing any feedback, suggestions ideas, and other submissions to Winkcoupons, you are granting Winkcoupons, a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the
operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Winkcoupons’s license rights to others. You further waive any moral rights in and to such content in favor of Winkcoupons. For greater certainty, this means that, among other things, Winkcoupons has the right to use any ideas you submit (including ideas about our products, services, publications, or advertising campaigns) in any manner that we choose,
without any notice or obligation to you whatsoever.
Winkcoupons hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Winkcoupons solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
1. Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
2. causing, allowing, or assisting any other person to impersonate you;
3. sharing your password or login with any other person;
4. logging onto a server or Account(s) that you are not authorized to access;
5. creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
6. emulating or faking usage of the Services;
7. violating or attempting to violate any security features of the Services;
8. using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site;
9. introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
10. interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation using submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
11. causing, allowing, or assisting machines, bots, or automated services to access or use the Services without the express written permission of Winkcoupons;
12. tampering with the operation, functionality, or security of the Services;
13. attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
14. attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
15. misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
16. harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;
17. reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
18. engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
19. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
20. deep-linking to any portion of this service without our express written permission;
21. acting illegally or maliciously against the business interests or reputation of Winkcoupons or the Merchants promoted via the Services;
22. hyperlinking to the Services from any other website without our initial and ongoing consent;
23. using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Winkcoupons;
24. reselling or repurposing your access to the Services or any purchases made through the Services; or
25. using the Services or any of its resources to solicit other users of the Services, Merchants, or other business partners of Winkcoupons to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Winkcoupons, including without limitation, aggregating current or previously offered coupons or deals.
[NOTE: Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.]
Winkcoupons makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Services. Winkcoupons is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services. Winkcoupons is not responsible for the change of
information at third-party sites or stores including but not limited to rebate information, pricing, availability, or fitness for use. Winkcoupons does not and cannot review all material made available through websites linked or linking to any part of the Services. Winkcoupons does not warrant that the Services or any functions contained in Winkcoupons content available via the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs.
IN NO EVENT SHALL WINKCOUPONS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER GRABON WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. LINKING
You understand that any linking to or from the Services does not imply in any way that Winkcoupons is endorsed by any third party or that Winkcoupons endorses or is affiliated with any third party or any third-party website. You agree that Winkcoupons bears no responsibility or
You agree that all of Winkcoupons trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “Winkcoupons”, “Save More Spend Less”, and “Save On Winkcoupons”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Winkcoupons. You agree not to display or use Winkcoupoons’s Marks in any manner without Winkcoupons’s prior permission. Third-party trademarks are the property of their
respective third-party owners. The presence of a third-party trademark on the Services does not mean that Winkcoupons has any relationship with that third party or that such third party endorses the Services or Winkcoupons.
INTELLECTUAL PROPERTY OWNERSHIP All right, title, and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof shall belong solely and exclusively to GrabOn or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Winkcoupons or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Winkcoupons, its licensors, or the applicable third party rights holders (such as Merchants), and are protected by copyrights, trademarks, trade secrets or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Winkcoupons owns a copyright in the selection, coordination, arrangement, and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or
performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided according to these Terms may cause Winkcoupons and its licensors irreparable injury, which may not be remedied by law, and you agree that GrabOn and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief. Our Brand Logo and Brand Name are registered under the Trademark act of 1999. Any infringement or plagiarism of any sort will lead to serious legal actions being taken against the perpetrator.
DISCLAIMER, RELEASE & LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY WINKCOUPONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINKCOUPONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL PERMISSIBLE BY APPLICABLE LAW, WINKCOUPONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINKCOUPONS DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM WINKCOUPONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PICTURES SHOWN OR USED IN WINKCOUPONS BLOG ARE FOR ILLUSTRATION PURPOSES ONLY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE WINKCOUPONS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY
PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
Limitation of Liability
WINKCOUPONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
1. We have restricted access to certain areas of our website. We reserve the right to restrict access to other areas of our website, or our whole website at our circumspection.
2. If we find any data outflow then we will immediately disable your user ID and password without prior notice or explanation.