Terms & Conditions
¬This User Agreement describes the Terms and Conditions, which are applicable between Way2online Interactive India Private Limited and every person, who accesseswww.Voinga.comin any manner as set out impliedly or expressly in the User Agreement.
Welcome to www.Voinga.com. The site “Voinga.com” is owned by Way2online Interactive India Private Limited, (hereinafter the Company may be referred to in these Terms and Conditions as “we”, “us” and “our”. The term 'you' refers to the user, visitor or viewer or registered user of the website. This User Agreement describes the terms and conditions, applicable on every person, who avails the service of “VOINGA.COM” under the domain and sub-domains at http://www.voinga.com.
INSTRUCTIONS TO USERS:
1. THE SERVICE:
Voinga provides you an opportunity to play games and do various other activities initiated by Voinga for its registered users from time to time.
2.1 Voinga grants you a limited license to access and make use of the Site and the Service.
2.2. We do not grant this license for downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Voinga’s sole discretion) an unreasonable or disproportionately large load on Voinga’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
2.3 You shall not bypass any measures used by Voinga to prevent or restrict access to the Site. In the event of any contravention of the user agreement, unauthorized use or access of the website by you, we shall have a right to restrict your access, terminate the permission or license granted to you to access the services of Voinga.
3. MEMBERSHIP ELIGIBILITY:
3.1. Availability: :
Our services are available only to and can only be used by an individual who can form legally bind contracts and is not a person barred from receiving services under the applicable laws in India. The term individual shall not include individuals such as Company, partnership, trusts, Business entities, clubs, associations, NGO, organizations, governing bodies or other all fictitious legal creations.
3.2 Our Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Voinga for any reason. The users are not allowed to have/ operate more than one account on Voinga.com.
3.3 Minors: :
If you are under the age of 18 years, you can use this service only under the supervision of a parent or guardian. If you do not qualify, please do not use our services. Membership is allotted to individuals only.
3.4 Transferability: :
Your User ID and password cannot be assigned, transferred, sold to other registered user or any third party.
3.5 If you do not qualify, you may not use the Voinga Service or the Site. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and profile page. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Voinga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Voinga has the right to suspend or terminate your account and restrict your access to all current or future use of the Site and cancel all your scores and “voins” collected/ “voins” available (or any portion thereof).
3.6 If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We strongly recommend that you exit must from your account at the end of each session. You agree to inform Voinga immediately about any unauthorized use of your account or any other breach of security. Voinga reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
The registered user or user shall mean and include any person, who registers to use the free messaging service on www.Voinga.com and gives consent to the terms and conditions of the website (hereinafter referred to as “You” and ‘Your”).
The term website means and includes a webpage constructed or to be constructed, designed, transmitted and maintained, webhost, domain name and any collection of material placed in a computer server-based file archive on Voinga site, which is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
6. WEB PAGES:
The term web page means the internet pages including the text, the screen designs, pictures, layouts, sounds, audio-visual material or software.
7. RESTRICTED ACTIVITIES:
7.1 The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the site/ different social networking sites including but not limited to www.facebook.com, www.twitter.com, www.plus.google.com.
7.2 Voinga is under no obligation to review any messages; information or content ("Postings") posted on the sites by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Voinga from time to time, may monitor the Postings on the Site and may decline to accept and/or remove any email or Postings.
7.3 You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
7.3.1 Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
7.3.2 Advertisements or solicitations of any kind.
7.3.3 Impersonate others or provide any kind of false information.
7.3.4 Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
7.3.5 Messages by non-spokesperson employees of Voinga purporting to speak on behalf of Voinga or containing confidential information or expressing opinions concerning Voinga.
7.3.6 Messages that offer unauthorized downloads of any copyrighted or private information.
7.3.7 Multiple messages placed within individual folders by the same user restating the same point.
7.3.8 Chain letters of any kind.
7.3.9 Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to:
7.3.9.i Using Voinga invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact.
7.3.9.ii Using Voinga to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.
7.3.9.iii Sending invites to distribution lists, newsgroup aliases, or group aliases. The Site or third parties may provide links to other World Wide Web sites or resources. Because Voinga has no control over such sites and resources, you acknowledge and agree that Voinga is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
7.3.10 You further acknowledge and agree that Voinga shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7.3.11 Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site will be subject to prosecution as per decision taken by the site and/or legal action as decided by court of law. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
7.3.13 Use of any information or materials by you on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
7.3.14 Voinga contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, files and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
7.3.15 All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
7.3.16 Unauthorized use of this website may give rise to a civil liability; claim for damages and/or for a criminal prosecution.
7.3.17 This website may also include links to other websites from time to time. These links are provided for your convenience to provide further information and better user experience. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Voinga's prior written consent.
7.3.18 Use of this website by you and any dispute arising out of such use is subject to the laws of India or other regulatory authority.
8. RESTRICTED ACCESS:
Access to certain areas of this website is restricted. You agree that you shall not interfere with or damage (or attempt to interfere or damage) any code, data or software associated with Voinga Online Account Access. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password at our sole discretion without notice or explanation.
9. FRAUDULENT ACTIVITY:
Voinga reserves the right to recover the cost of monetary loss, loss of business time, and lawyer(s) fees from person(s) using the Site fraudulently. Voinga reserves the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
You will earn voins by doing various activities on Voinga, these will show as on your ‘My Dashboard’ page.
10. CONTENT SUBMISSION:
Voinga does not claim ownership of any materials you make available through the Site. At Voinga’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Voinga a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
11. DISCLAIMER OF WARRANTY:
11.1 The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
11.2 In no event we shall be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
11.3 Through this website you are able to link to other websites which are not under the control of Voinga. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
11.4 Every effort is made to keep the website up and running smoothly. However, Voinga takes no responsibility for, and shall not be liable for, the website being temporarily unavailable due to technical issues beyond our control or whatsoever.
VOINGA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR:
(A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN VOINGA, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE VOINGA SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
12. LIMITATION OF LIABILITY:
12.1 Voinga shall not be liable for failed processes, incomplete processes, reduced wallet amount, and cancelling user’s accounts. Voinga shall not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Voinga, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
12.2 You expressly understand and agree that Voinga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Voinga has been advised of the possibility of such damages), resulting from use of the site.
12.3 This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold Voinga (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of the terms and conditions, or your violation of any applicable laws or the rights of a third party.
14. ELECTRONIC COMMUNICATION:
When you use the website or send emails to Voinga, you are communicating with Voinga electronically. You consent to receive communications from Voinga electronically. Voinga will communicate with you by email, SMS, by posting notices on the Site and other forms of electronic media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. MODIFICATIONS AND CHANGES IN TERMS OF SERVICE:
15.1.1 sending an email to the address associated with your account. Voinga is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Voinga to the list of domains approved to send you email (commonly known as your "whitelist");
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Voinga and other respective entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Voinga or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
17. LAW AND JURISDICTION:
These terms and conditions shall be governed by and construed in accordance with the rules, regulation and laws of India and any disputes relating thereto shall be subject to the only and exclusive jurisdiction of the courts of Gurgaon (Haryana).
18. ENTIRE AGREEMENT:
These Terms and Conditions as set out herein, constitute the entire user agreement between Way2online Interactive India Private Limited and a user, in relation to use of this website, and supersede all previous agreements in respect of use of this website.
If a provision of these Terms and Conditions is determined by any court or other competent authority in India or otherwise to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if any part of it is deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.
20. BREACHES OF THESE TERMS AND CONDITIONS:
20.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these terms and conditions in any manner, we may take such action as deems appropriate to deal with such breach, by blocking your account, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or take any legal action against you.
20.2 The failure of Voinga to act with respect to a breach by you or others, we do not waive our right to act with respect to previous, subsequent or similar breaches.
21. USERS INFORMATION AND PRIVACY:
21.1 Voinga is committed to protecting all the information you share with us. We follow stringent procedures to help protect the confidentiality, security, and integrity of data stored on our systems. You specifically agree to the terms and conditions as mentioned under the head users information and privacy.
21.2 User Registrations: :
Voinga keeps track of your information to offer you the best possible rewarding experience. When you register (log in), you supply your email address and a password with other details. This allows us to provide you access to your account every time you visit our Website. Before completing your payment request, we also ask you for your name, phone number, email, complete address and other details to verify your identity. This information may be disclosed to specific members of our staff and to select third parties (such as shipping provider) involved in the delivery of your cheque. We may also need your email address or phone number to contact you if we have questions about your payment. We or our associate companies may also use your email address to notify you about new services or special promotional programs, or send you offers or information if you have not opted-out. Emails are sent only to Voinga members who have not opted-out of such email communication after registration. At any time, you can notify us that you wish to stop receiving these emails. We may also ask you for information regarding your personal preferences and demographics to help us better meet your needs.
21.3 Cookies: :
Like many other websites, we use "cookies" to improve your online experience and to save you time. Cookies are little tags that we place onto your computer. We assign a cookie to your computer when you first visit us in order to enable us to recognize you each time you return. Through cookies we can customize our Website to your individual preferences in order to create a more personalized, convenient shopping experience. Please note that the cookies we use for our website or email campaigns do not store personally identifiable information about you or your finances.
21.4 Data logs: :
In an effort to make our website as effective and enjoyable as possible, the computers that operate it collect certain information each time you visit. We store these statistics in server logs. Once again, these statistics do not identify you personally, but provide us information regarding the type of user who is accessing our website and certain browsing activities of that user. This data may include: the IP address of the user accessing our website, the type of browser and the operating system, the website the user last visited before linking to our website, how long the user accessed our website in any given session, and the date and time of access. We may make extensive use of this data at an aggregated level in order to understand how our website is being used. We may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business.
21.5 Service providers: :
Voinga may use various outside agencies (third party service providers) to make our website operate. For example, we may use third parties to host our website, operate various features made available on our website, send emails, analyze data, provide search results and links, and assist in fulfilling your orders. Some of these third parties may need access to your information in order to make the services provided through our website work. Information will only be disclosed to these service providers on a need-to-know basis, and they will only be permitted to use such information for the purpose of providing the particular services provided by such entities in connection with our Website.
21.6 Exceptions and changes: