Home / Terms & Condition
Last updated: 8th Feb 2023
By accessing, or using these Services, you agree to be bound by these Terms.
You are requested to carefully read these Terms from time to time before using the Services. You should check these Terms periodically for changes. Users acknowledge and accept that they may be subject to receiving periodic communications, in relation to their obligation to comply with the terms. Your continued use of the Services shall be deemed to be effective and valid consent.
- This Website offers information about ZO Games, which is a website enabling publishing of mobile applications, across several platforms, which may be offered to the end users. The Website features information about WinZO’s previous investments, existing portfolio, investors, its Game Development Fund, and any new opportunities for you to participate in. The Services may be availed by all juristic persons, natural and legal, in accordance with applicable law.
- If you are a natural person, you represent that you are 18 years old, or above, or have attained such age of majority as per the jurisdiction that you are domiciled at. If you are a legal entity, you hereby represent that you are validly incorporated in the jurisdiction you have your registered office at.
- The Services may be used for your own use only. You cannot exploit the Services (including its content) for commercial services to be rendered by you. WinZO is not responsible for any damages resulting from Your use of the Services. You will not use the Services for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Services by other users, (3) not resell material on the Services, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and, (5) not defame, harass, abuse, or disrupt other users of the Services.
- You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our Services; use any robot, spider, scraper, or other means to access our Services. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Services. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our Services. We may terminate or restrict your use of our Services if you violate these Terms, or otherwise engage in any illegal or fraudulent use of our Services.
- To avail the Services, you may have to register with us, create a profile on the Website, and submit necessary information and/or proof of identification, for you to be able to fully access some features of the Website.
- You are responsible for safeguarding Your access to the Services and following general internet etiquettes that must be adhered to. WinZO will not be responsible for any loss that You may suffer because of any unauthorized access granted to your accounts and/or use of the Services, and WinZO accepts no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise.
- The Services may allow users the option to make certain in-app purchases within Game/ s which may be published by us. You will solely be responsible for any such in-app purchases. In-app purchases can only be used within the Game/s that they were purchased for and cannot be redeemed for cash or other consideration or transferred to others. If you make any in-app purchase, then the terms and conditions of such Game/s or platforms which host the Game/ s will apply to those in-app purchases. You acknowledge and agree that all billing and transaction information relating to in-app purchases are handled are governed by their respective terms and conditions. If You need a refund or have any payment related issues with in-app purchases, then you may need to contact third parties directly, if that is what the respective terms and conditions require. We do not accept any liability for such purchases.
- If you breach any part of these Terms, or we have reasonable cause to believe that you are in breach of these Terms, we may, at our sole and absolute discretion, and without any notice to you, restrict, suspend, or terminate your account and restrict your access to all or any part of Services, and take such legal action as may be necessary.
- This Website or the Services may have links to such third-party websites, or portals, and there may be portions of the Website which redirect you to a third party operated platform. In such cases, you are urged to review the policies and terms of operations of such third parties. We do not control or manage such linkages, or third-party operations, and we disclaim any liability, whatsoever, with respect to your interactions with such third-party websites, services and operations, if any.
- WinZO may at any time, in its sole discretion and without advance notice to You, cease operation of the Services.
- You may not assign Your rights and obligations under these Terms to anyone. WinZO may assign its rights and obligations under these Terms in its sole discretion and without advance notice to You.
- You may submit your downloadable and/or installable games for mobile devices, or to be played across such compatible media format, (Game/ s), for the possible publishing of such Game/ s through our platform, subject to our testing, acceptance, and approval.
- You must submit the Game/ s in the format prescribed on the Website.
- We retain the right to require you to make such modifications as we may require, and as may be necessary to comply with the security codes, or merchantability of the Game/ s on any platforms, and other requirements, as per our discretion.
- You agree, acknowledge, and undertake that any such submission of Game/ s on our platform is not conclusive, and does not mean or imply a full and final engagement with WinZO. The specific terms governing the publishing of Game/ s will be determined through a Long Form Agreement executed between You and WinZO. Such accepted and approved games may be subject to further compliance requirements, as may be prescribed by WinZO, and as may be communicated to you.
- You agree that when you submit Game/s to us, we reserve the right to apply our methods of testing and examining, and you will provide us with such further information as we may need and advise is required to determine or access the full functionality of the Game/ s.
- Users agree and acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, are owned by or licensed to WinZO.
- By submitting any content on or through the Services, save and except the Game/ s, You grant WinZO a worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such content in any and all media or distribution methods now known or later developed. We reserve the right to share promotional content, surveys, feedback, testimonials that we create, or you submit to us.
- Users must not copy, distribute, make available to the public or create any derivative work from any content made available on or through the Services and/or to any other User. WinZO respects the intellectual property rights of others and expects its users to do the same. If users or any third party believe that their content has been copied in a way that constitutes infringement, they will provide WinZO with the following information: (i) identification of the protected work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iii) contact information, including address, telephone number, and an email address; (iv) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner; and, (vi) by way of writing countersigned, or if via e-mail with a valid electronic signature.
- All rights, title, and interest in and to the Services, remain WinZO’s exclusive property, and/or of its licensors. The Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the WinZO name or any of the WinZO trademarks, logos, domain names, properties and other distinctive brand features, without WinZO’s prior written consent.
- To the maximum extent permitted in law, the access to and use of the Services or any content in it, are at users’ own risk. Users understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WinZO disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement. WinZO makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content contained in the Services; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis.
- YOU AGREE TO INDEMNIFY AND HOLD WINZO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE/ACCESS OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.
Limitation of Liability
- To the maximum extent permitted by applicable law, WinZO will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
- In no event will the aggregate liability of WinZO exceed the total amount that you have paid towards the Services in the six-month period ending on the date of the claim or to a maximum of One Thousand Indian Rupees (Rs. 1000), whichever is lower. The limitations will apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not WinZO has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
- WinZO’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the Republic of India. Users acknowledge, undertake, and assure that their ability to access and/or user the Services is permitted by the specific rules, laws, and regulations of their state of residence.
- Dispute Resolution. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely before the courts of New Delhi. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.