DISCLAIMER

White on Transparent.png

Read carefully 
Winr risk management system is a service that has been introduced with the sole purpose of protecting traders from big losses and wiping out their capital, this will be done by our risk management team for which you must confirm your understanding that we have your permission to execute trades on your behalf. 

However, if there is any black swan event where we could not limit your losses to the mentioned percentage, Winr Creation Pvt Ltd and Choice Equity Broking Pvt Ltd are not in any way liable or responsible for those losses.

The services, including the website and the content, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, WINR CREATIONS PRIVATE LIMITED and its affiliated companies, licensors, suppliers, partners and sponsors, and each of their respective directors, officers, agents, contractors, advisors, employees, licensors, and suppliers (“released entities”) disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from a course of dealing, course of performance or usage of trade.

For the sake of clarity,WINR CREATIONS PRIVATE LIMITED does not warrant or covenant:

  1. That the services or content will meet your requirements or be available at any time or from any particular location;

  2. That the services or content will be accurate, secure, useful, timely, informational, uninterrupted or error-free;

  3. That defects or errors will be corrected; or

  4. That the services are free of viruses or other potentially harmful components.

All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. WINR CREATIONS PRIVATE LIMITED assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.WINR CREATIONS PRIVATE LIMITED also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will WINR CREATIONS PRIVATE LIMITED be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. WINR CREATIONS PRIVATE LIMITED has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.

Warranty disclaimer; limitation of liability.

To the fullest extent permitted by applicable law, WINR CREATIONS PRIVATE LIMITEDmakes no representations or warranties whatsoever, express or implied, with respect to the services, including without limitation any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. In no event shall any released entity be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Our liability in the case of gross negligence is limited to foreseeable damages typical for this type of contract.  The total liability of WINR CREATIONS PRIVATE LIMITED towards You in respect of all other losses arising under or in connection with these terms and conditions, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the course fees payable by the User under the agreement in relation to the Services giving rise to the liability. 

If the whole or any part of any provision of these terms of use, privacy policy, disclaimer or refund policy is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these terms of use and rendered ineffective so far as is possible without modifying the remaining provisions of these terms of use and shall in no way affect the validity or enforceability of any other provisions.

Release

To the maximum extent permitted by applicable law, you hereby release and waive all claims against the WINR CREATIONS PRIVATE LIMITED from any and all liability for claims, demands, damages (actual and consequential), costs, and expenses (including litigation costs and attorney's fees) of every kind and nature, arising out of or in any way connected with the use of the Services, including without limitation any dispute between users of the Services or between a user of the Services and any third party.

To the extent that you do have any claims against WINR CREATIONS PRIVATE LIMITED you agree that:

  1. Any and all disputes claims, and causes of action against WINR CREATIONS PRIVATE LIMITED arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of action; and

  2. Any and all claims, judgments, and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.

Indemnification.

You agree to indemnify and hold the WINR CREATIONS PRIVATE LIMITED and their successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in connection with:

  1. Your use of the Services other than in accordance with these Terms and Conditions;

  2. Your conduct, acts and omissions in connection with the Services which breach these Terms and Conditions;

  3. Any dispute related to the Services between you and one or more users of the Services; and

  4. Your violation of these Terms and Conditions, any agreements between you and any third party relating to your use of the Services, or of any law or regulation or the rights of any third party, including but not limited to intellectual property rights.

The foregoing indemnification obligation will survive these Terms and Conditions and your use of the Services. BWINR CREATIONS PRIVATE LIMITED shall provide notice to you of any such claim, action or demand and WINR CREATIONS PRIVATE LIMITED may, in WINR CREATIONS PRIVATE LIMITED sole discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

Disputes; Governing Law; Choice of Forum

Any dispute, controversy, or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date. If the parties cannot agree upon an arbitrator within thirty (30) days from the date the claimant’s request for arbitration was served on the other party or parties, the sole arbitrator shall be appointed by the Law in accordance with the Rules. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by both the parties in equal proportions. The place of arbitration shall be in Kolkata and any award whether interim or final shall be made and shall be deemed for all purposes between the Parties to be made in Kolkata. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Kolkata, INDIA.

Your Rights
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

How to contact us

If you have any questions about our privacy policy or personal information we hold about you, please contact us by email at the following address:

info@winr.in

Privacy Policy

This Privacy Policy shall form a part of the user agreement between you and WINR CREATIONS PRIVATE LIMITED

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the privacy policy for access or usage of https://www.winr.in/

The domain name https://www.winr.in/(“Website”), is owned and operated by WINR CREATIONS PRIVATE LIMITED(“a sole proprietorship firm, headed by its proprietor Mr. FAHED SHEIKH) having its registered office at A-Sector – V, Salt Lake Bidhannagar, Kolkata – 700091 where such expression shall unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.

By accessing and/or using the website, you signify your agreement to accept this privacy policy. If you do not agree with any or all of the following terms of the privacy policy, please do not access and/or use the website. Providing information to us is your choice. You understand that any data, information, content or information that you submit to the website will be stored on the WINR CREATIONS PRIVATE LIMITED servers for the purposes of making the website available to you. Please do not submit to the website any data, information, content or information which would include any personal information and sensitive personal data or information that you do not wish to be made available to the WINR CREATIONS PRIVATE LIMITED If you do not agree with any or all of the terms of this privacy policy, please do not provide any information to us. If at any time you wish to discontinue your access of the website, you are free to do so. Further, if you require you can choose to have the personal information provided by you deleted by writing to info@winr.in

We reserve the right, at our sole discretion, to change or modify this privacy policy at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the website herein.

Please review the privacy policy from time-to-time. Your continued use of the website following the posting of changes and/or modifications will constitute your acceptance of any revised privacy policy. WINR CREATIONS PRIVATE LIMITED retains the right at any time to deny or suspend access to all or part of the website to anyone who the WINR CREATIONS PRIVATE LIMITED believes has violated any condition of this privacy policy.

If you are found reproducing our course content, or selling our strategy by recording or sharing, you must be liable for lawsuit and a compensation of 1.5 Lakh.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when users visit our site, fill out a form (opt-in forms) and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number and IP address. Also, Users need to provide Aadhar Card & PAN Card for Verification Purpose, This data will not be shared outside, only collecting for Internal Records.  Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. 

All the documents we collect from you is for our internal verification purpose only. We do not share any data with any third party outside our organisation and also with anyone personally within our organization.

While making payments online for the course, WINR CREATIONS PRIVATE LIMITED may save your credit card or debit card details.WINR CREATIONS PRIVATE LIMITED assures and agrees not to share such data with any third party. The price payable for the webinar or course shall be the list price of WINR CREATIONS PRIVATE LIMITED at the Confirmation Date unless otherwise stated. That WINR CREATIONS PRIVATE LIMITED  reserves the right to increase the price from that advertised on the Academy’s website or in other forms at their discretion and for any reason prior to the course commencement. If the User has made payment of the previously advertised price then the same shall be informed about such an increase in the prices and the User will be at liberty to choose whether or not the User wishes to continue with the same program and WINR CREATIONS PRIVATE LIMITED shall be at its complete discretion with regard to refunds in such scenario. All prices are exclusive/inclusive of applicableTaxes, and this will be charged at the appropriate rate. WINR CREATIONS PRIVATE LIMITED does not provide any installment payment of the webinar or online course to the User. All the payments are to be paid at once.

Users can always choose not to supply personal identification information, except that it may prevent them from engaging in certain site-related activities. 

The WINR CREATIONS PRIVATE LIMITED will never ask you and you must never provide sensitive personal data or information to the WINR CREATIONS PRIVATE LIMITED or to any person/entity representing the WINR CREATIONS PRIVATE LIMITED. Any disclosure of sensitive personal data or information shall be at your sole risk and without any liability to the WINR CREATIONS PRIVATE LIMITED (including its directors, key managerial personnel, officers and employees). You understand, acknowledge and agree that the WINR CREATIONS PRIVATE LIMITED or any other person acting on behalf of the WINR CREATIONS PRIVATE LIMITED shall not in any manner be responsible for the authenticity of the personal information or sensitive personal data or information provided by you to theWINR CREATIONS PRIVATE LIMITED

You must not disclose your:

  • Passwords;

  • Physical, physiological and mental health condition;

  • Sexual orientation;

  • Medical records and history;

  • And such other sensitive personal data or information.

Users must note that any information that is freely available or accessible in public domain shall not be regarded as personal information or sensitive personal data or information for the purposes of this privacy policy and the WINR CREATIONS PRIVATE LIMITED shall not be obliged to take any measures to protect the same since the same is freely available in the public domain.

Please note that identity theft and the practice currently known as “phishing” are of great concern to the WINR CREATIONS PRIVATE LIMITED We do not and will not, at any time, request your credit card information/debit card information/financial pin numbers and passwords.

You hereby consent to the collection, storage, use, disclosure, transfer, processing of the personal information for the purposes set out herein.

We may disclose your personal information in the circumstances set out below and you hereby consent to the same to be shared with:

  • Any third-party service provider to whom disclosure is necessary to enable us to provide you with the services which you wish to access on or through the website;

  • Any person/entity to whom disclosure is necessary in accordance with applicable law;

  • Any government or statutory authority or court of law or judicial forum to whom disclosure is necessary in accordance with applicable law;

  • In circumstances we believe necessary or appropriate to respond to valid claims and legal process, to protect the property and rights of theWINR CREATIONS PRIVATE LIMITED to protect the safety of the public or any person or user, or to prevent or stop any illegal, unethical or legally actionable activity;

  • Any person/entity to whom disclosure is necessary to enable us to enforce our rights;

  • To our associate companies, business partners, agents or third parties for the purposes of the services or for any other marketing and promotional activity undertaken by or on behalf of the WINR CREATIONS PRIVATE LIMITED

  • Any entity that legally acquires the WINR CREATIONS PRIVATE LIMITEDor its website.

We understand the importance of data security and we want your browsing experience with us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect your personal information.

We do not sell, trade, or rent users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Please understand that, while we strive to protect your personal data against potential risks and exposures, there is no absolute security in the online/ internet sphere. Therefore, you must not disclose any information on the website that is sensitive personal data or information. You understand that the transmission of information over the internet is not completely secure and there are risks associated with it. Although we strive to protect your personal information, we cannot guarantee the security of the same while it is being transmitted to our website and any transmission is at your own risk.

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by theWINR CREATIONS PRIVATE LIMITED/ Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

Refund Policy

WINR CREATIONS PRIVATE LIMITED reserves the right to cancel or arrange an alternative date for the webinar conducted online or online course.  

By default, your web browser will accept cookies, however, this can be altered by you. You have the option of enabling or disabling cookies in your web browser. If you do not want us to install cookies, you may change the settings on your web browser to disable cookies. However please note that if you disable cookies, you may not be able to use all of the features of the website.

The website and/or third parties may use “cookies”, and other similar tracking technologies (collectively, “tracking technologies”) to collect information automatically as you browse the website and the internet. For the purposes of this clause below terms have the meanings as set out below: 

By visiting the website whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the website through these tracking technologies.

If you do not consent to any part of the privacy terms herein or wish to withdraw consent to process your information, then you may stop using the website and ask us to remove your information from our records by writing to us at info@winr.in

Dispute Resolution and Jurisdiction

In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the WINR CREATIONS PRIVATE LIMITED, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be in Kolkata India.

The Parties expressly agree that the Terms, Policy, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India, and that the Courts at Kolkata, India, shall have exclusive jurisdiction over any disputes arising between the Parties.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below: 

FAHED SHEIKH

(E-mail: info@winr.in

Thank you for using our Services. We hope you find the Services helpful, informative, and convenient to use. If you have any questions regarding these Terms and Conditions, please contact us by email at info@winr.in