Last revised on 02/12/2019
1. Acceptance of Terms of Services
By registering to and/or creating an account with and/or visiting Winkgo mobile application, software, our website or any other services provided by us (hereinafter referred to as “Service(s)”), you will be deemed as reading, understanding, accepting and binding to these following terms and conditions (hereinafter referred to as the “Terms of Services”). With that being said, this means that you have automatically accepted the Terms of Services. We may make amendment or addition to this Terms of Services at any time without prior notice. By using the Services after the amendment or addition shall be deemed as the acceptance of such amendment or addition. Winkgo reserves the right to improve or cancel the Services or any part of the Services, whether temporarily or permanently, upon prior notice by Winkgo.
2. Descriptions of Services
Winkgo hereby provide its user with channel to interact with another user such as inspect and evaluation their profile, message services and interaction with user created events. Any additional feature or function shall be governed by the Terms of Services and Privacy Policy.
3. Regulation of Services
Winkgo aim to provide positive user experience. We provide you with a global, royalty-free, personal, non-assignable, non-exclusive, non-sublicensable, and revocable license to access to use our services. This is to make sure that as much as it could be possibly made, you are having fun. To ensure a healthy community, you shall comply with these following items:
- Be at least 18 years old with legal competence to use our Service and be bound by the Terms of Services.
- Not to use false information or the document in applying the use of Services.
- Not use the Service in any way that disrupt or negatively affect the Service or the servers or networks connected to the Service.
- Not use any content contained in the Service or the service itself without our prior written consent for any commercial purposes.
- Not to claim that any of your statement, speech, action is supported by Winkgo
- Not to upload viruses or other malicious code or otherwise compromise the security of the Service.
- Not to use anything that could be containing any mean of reference to Winkgo or any of our services to lead people to other website or server or places, or when contacting with anyone such as third parties, especially for wrong doing.
- As your profile picture can be view publicly, any nudity, pornographic, disgusting or copyright infringement image are prohibited to be display on our Service.
- No impersonation of any person or entity. This includes but not limited to misleading of information.
- Not use bot, proxy or any automation means to compromise the ability of Service. That includes but not limited to mining of data, exploring the service’s structure, or by any mean that would allow you to take even a part of the service or that cold allow the others to do so.
- Not to develop technologies, tools, or whatever it is that could possibly interfere, interact, with our service without having our prior written permission.
- Not to test our services, security or whatsoever that is ours without having our prior written permission.
- Not to act or promote anything that could do against the Terms of Services.
- Any user is prohibited from sexual invitation or prostitution deal.
- Not to spam or harass another user with repeatedly sending messages.
- You will refrain from using offensive language to attack on another user.
- Not to discuss illegal activities on our Service.
- Not to upload any content that may harm the reputation of Winkgo conduct any action that could damage Winkgo and the service itself.
- Understand that there will be no tolerance for objectionable content or abusive users.
- Any dispute between users shall be settle by the users themselves.
- You are responsible for your own monetary transactions to another user.
- Not to be using other people’s account or to hold more than one account.
- Be respectful when communicate with our customer service representative.
- That you will not reproduce, copy, sell, re-sell, or use for any commercial purposes, any part of the Service or the use of or access to the Service. This includes but not limited to framing or mirroring, any modification, adaptation, sublicensing or by any mean to be replicating us. And no action that could possibly allow others to do so.
Any misconduct of the above items can result in termination of your account and you shall bear all legal liability on your own. In any event, you shall be responsible for you own action, even for those not stated above. Winkgo reserve the right to investigate and take action (such as but not limited to the suspension of the account without prior notice) on any illegal activities or any activities that we believe is a threat to us. Apart from the stated above, you are also verifying that any information, content, or anything provided by you, whether by yourself or by third party (such as Facebook, which you have authorised us an access), to be true. The responsibility shall be on you should anything goes wrong, with the cause being from thing(s) you have provided or in any aspect or degree having relation to you and/or thing(s) you have provided. If any of these is found to be untrue, it is all on your responsibility. Winkgo will not be held responsible. Also, if the above is found to be false, or with any other reason, Winkgo is entitled to suspend or terminate your content or account from our service at any time at its sole discretion. Additionally, you shall be responsible to pay for any damages to Winkgo in all respects, regardless whether or not you have dishonest intention. Though we can keep reviewing, but we can’t guarantee that all would be perfect, if you see happen to come across any misconduct or misbehave, let us know via the in app report channel or via: [email protected] (Please have the mail subject stated exactly as: Misconduct_”Topic”).
4. Registration & Account
We need you to provide us with your real, up-to-date personal information in order to ensure the best experience from our Service. Winkgo are entitled to suspend or terminate your account if we suspect that you use misleading information on our Service. You agree and accept that the consideration and approval of the registration for the use of Services shall be in the sole discretion of Winkgo. You may sign in with your Facebook login. If so, you authorize us to collect, process and utilize certain information from you Facebook account, including but not limited to your profile, pictures, friends. You are responsible for your own integrity of your own login account. We are not responsible for anything that happens on your Winkgo account and/or the third party account, nor will we be held responsible if there is a breach. Nor will we be held responsible for any consequence resulting from the breach whether of your Winkgo account or any account of yours. You shall keep the password and the information for use of Services in private and confidential and shall not disclose or do any action which may make any other person know the password or such information. You agree that any transaction, which has been conducted using your password, shall be deemed as your own action in all respects. In this regard, Winkgo shall not be responsible for any damage occurring from any transaction conducted under the account due to the use of such password. If you believe the account has been used by other person, please let us know via: [email protected] (Please have the mail subject stated exactly as: Breached). We will try our best to deal with what we can, but still, we are not responsible for what that has/have been done under the credentials and its account, nor do we promise that the issue will always be resolved.
5. Interaction
As much as we would love to provide you with the most pleasant experience, we are not to be responsible for anyone, any user’s action both on service and off service. You understand that your interaction with other users, third parties, anything or anyone else is at your own risk and you are to be held responsible for any consequences. Winkgo takes no responsibility for any content that you or another user or third party posts, sends or receives through the service, nor do we take responsibility for any interaction between you and third party. You understand that we do not process criminal background check on our users, nor do we require our users to do so. We do not represent any of the users nor do we provide warrant for them. You agree that we or our third-party partners may place advertising or any other type of content on the Service. We don’t take responsibility for third parties’ availability or their absence, nor the consequences. Your interaction with them is at your own risk, and also means that you are accepting their agreement and if things were to rise up, it is between you and them, not us.
6. Termination
You may terminate your account at any time, and for any reason. However, this will take effect at the end of the month. To do this, go to ‘Settings’ in the service. Anyway, if you are using a third-party account for your payment, namely Google and iTunes, you need to have your in app purchase/in app billing settled through the accounts. This is for you to avoid additional billing. If we believe you have violated this Agreement, we have the right to terminate your account whenever without prior notice. If such kind of termination happens, refund will not be possible. Once, the account has been terminated, the Agreement between you and Winkgo will as well be terminated, except for those otherwise stated in this agreement. Winkgo reserves the right to terminate and/or suspend the Services and your account, without the need to notify you in advance for the following events:
- Use forged document, false statement in the registration of the account, including give false information or false documentary when requested by Winkgo;
- Suspect to commit the criminal offense, or attempts to commit the offense as prescribed by the laws, or do any action possibly causing damages to Winkgo or any person;
- Breach any provisions specified in this Terms of Services;
- have not used the Services for a period of six (6) months consecutively from the last use of Services;
- In case of dead; or
- In case Winkgo believe that your action is inappropriate and may cause damages to Winkgo’s reputation.
7. Privacy Policy
Any information you voluntarily provided will be maintained and protected by Winkgo. This information will be regulated by our “Privacy Policy”. You are register Winkgo account provided that you read, understand and accept our “Privacy Policy”.
8. User Activities
By using our Service, you understand and agree that it is impossible for Winkgo to pre-examine users created contents or control how users interact with one another. These said content are to be evaluate by you at your own discretion. Winkgo are not obligated to reject nor delete any contents against the above regulations (Section 3). Winkgo are not liable for such user create content if it might displease or offends you.
9. Disclosure
You are understood and agree that Winkgo may maintain or disclose any content if deem necessary. These circumstances include but not limited to:
- To comply with legal procedure.
- Claimed by third
- To protect Winkgo’s community and personal safety.
- Enforcement of terms and conditions.
10. Rights you Grant Winkgo
By using our service, you are giving Winkgo a worldwide, transferable, irrevocable, non-exclusive, royalty-free, sub-licensable, right and license to host, store, copy, display, reproduce, distribute, modify, or use by any mean the information you give or that we obtain, including but not limited to what you posted, uploaded on the Service or through the Service. This also includes the information we got from your third parties such as Facebook via the authorisation you have given us. All of these are to be referred to as ‘Information’. Winkgo’s license to your Content is non-exclusive. Winkgo’s license is exclusive when it comes to derivative works created through our services. For instances, we hold an exclusive license to record part of our service which may contain your information. We have the right infringe any use of your content off service. This means you have authorised us to deal with third party who may have taken away your content from our service. We are holding such license to your information mainly to strive for a better service. With this, it is necessary, and you understand and agree that the content given to us, such as by posting it on our service, can be viewed by other people or shared to somewhere else off service. In case of sharing of your information, there is no compensation to that. You agree that Winkgo is entitled to define the restriction of the Service, including but not limited to, time limit on messages storage, uploaded contents, disk space distributed on the server to you. Winkgo is not liable if these privileges are unavailable to you. These restrictions can be changing any time at our sole discretion with or without prior notice. We can review or remove your content as per our judgement. This includes but not limited to a situation where we think the action is threatening our reputation. We can also terminate you without prior notice if you are treating us or anybody without respect or are conducting any misbehave or wrongdoing.
11. Purchases
Winkgo offer Services for purchase (“in app purchases”) through your respective application store (iTunes, Google Play) on your mobile device. By making these purchases, you authorise application store to charge you. You will be charged with the price displayed while discount and/or tax could also be involved. In case you purchase an auto-recurring periodic subscription such as but not limited to upgrading to silver or gold member, your account will be continuously billed until you cancel your subscription. You will be charged in the beginning of your subscription period and please note that discount or tax may apply. The subscription will automatically incur every time your current subscription period ends. Your payment information such as but not limited to card information will be stored for an automatic billing. Resubscription period and price will be based on your initial subscription. By having purchased our products, service or having subscribed or simply having a payment made through us or with us related, you also authorise us to acquire your up to date card information, if we possibly can. The terms that applies to your payment will be the one between you and your financial institution, card issuer, or other provider. The term that you have agreed to with the application store (iTunes, Google Play) when you chose to make a payment through them (if any) could also be applied. These are between you and those stated above, not us. Noted that that deleting your account with us or deleting Winkgo application from your device does not terminate or cancel your subscription. To change or terminate your subscription, you need to do so through your application store. If you terminate your subscription, you may still use your current subscribed period until the current is expire, which means that the charge for that current subscription period still apply, if it hasn’t already been paid. You can also purchase personal, limited, non-transferable, non-sublicensable, revocable license to use our ‘Virtual Good’ for example but not limited to Token. (All of which hereinafter refers to as ‘Virtual Good) These has no real-world value. It allows you to explore more into our services. Winkgo reserves the right to charge or not to charge for the Virtual good. We also hold the right to use the virtual goods freely. We hold the right to manage the virtual good as we like, that includes but not limited to distributing them free of charge, changes of price, regulating, modifying its purpose, removing or adding more of them. This virtual good cannot be exchanged for money nor that any compensation will be given in case of whatever that happens to the virtual good. We are not to be held liable by anyone when dealing with our virtual goods. The virtual good can only be redeemed through our service. All purchase of the virtual goods is final and are non-refundable. We, unconditionally, are not required to provide a refund or redemption for the virtual good and/or the subscription or anything purchased, no matter of the reasons. These will be removed along with the deletion or termination of your account or in case where the service has been entirely terminated. There will be no compensation for the remaining or the leftover that hasn’t been used, no matter the circumstances. This includes, too, the termination of the account, voluntary or involuntary. No refunding for things that have been purchased. That includes anything that have been paid for, such as (but not limited to) subscription which is the upgrading of the account to another package, or the purchase of the virtual goods. As for free trial, unless stated otherwise, is subjected to auto renew. Subscription purchases and purchases of virtual goods, and/or any purchase made are considered final. They are no non-refundable in any circumstances such as but not limited to partial use. There is also no cancellation to any order or purchase that has been confirmed but hasn’t yet been received by the buyers. This means that all order and purchase is final, thus non-refundable. We may give some exception if the request has been made within the first 14 days of the purchase, or if it’s applicable by law according to your request. For EU residents, you are entitled by the local law there for a refund within the first 14 days of purchase. Without having to state the reason. The 14 days start counting from the day the subscription has started However, please be noted that we do not promise that every refund request could be made possible. To request refund, you will need to contact your respective application store on your mobile device. Your request will be handled by each store and govern under their refund policy. In case of you cancelling your consent to be automatically charged or having your card terminated or cancelled, or whatever the case is that stop you from be charged, you are still obliged to pay the outstanding balance. Receipt wwill be sent via channel designated by the party you have chosen to make your payment through. Should you have any objection to the payment, please contact the party. In case we believe you violated this term and conditions; Winkgo may terminate your account at any time with or without prior notice. Under this termination, you will not be entitled to any refund.
12. Warranty/Disclaimer
You understand and agree that you shall use the Service at your own risk. The Service is provided “as it is” and “as there is”. To the maximum extent permitted by law, Winkgo will not provide any guarantee or warranty, express or implied, with respect to the merchantability, fitness for specific purpose and non-infringement. We disclaim, meaning there is no guarantee to anything on the services. Winkgo does not warrant, particularly but not limited to, for such case as:
- The service will be uninterrupted, safe or error-free.
- The error of our application will be correct.
- Any content or information on our Service will be reliable and accurate.
Anything such as but not limited to, contents, messages sent or received amongst users, posted by users or third parties on or through the services are not to be our responsible . you are also not responsible for thing, materials or anything you have acquired from or through the services. We do not hold responsible for them. they are all at your own risk.
13. Liability Limits
You understand and agree that Winkgo will not be liable for any direct, indirect, incidental, special, consequential or punitive damages rooted from or related to your use of the service. This includes but not limited to, directly loss of profits, indirectly loss of profits goodwill, application or data, or other intangible loss. This is regardless of whether if it was from Winkgo’s or its related parties or personnel’s error (such as, but not limited to, security breach) or if Winkgo has been advised of the possibility of such damages. The cause of the damages may include but not limited to:
- Availability or unavailability of Service.
- Content and interaction from other users or third parties from the use of Service.
- Loss of data.
- Tampering with your content.
- Unauthorize access to your account.
14. Governing Law and Arbitration
15. Indemnity
16. Severability
The failure by Winkgo to enforce any term or condition of this Terms of Services shall not be construed a waiver of any subsequent default under the same or any other provision of this Terms of Services, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
17. No Waiver
The failure by Winkgo to enforce any term or condition of this Terms of Services shall not be construed a waiver of any subsequent default under the same or any other provision of this Terms of Services, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.