Terms of Use
These Terms of Use ("Terms") govern your access to and use of the Winkin Uno Creative website located at https://winkin.uno ("Website") and the services we provide ("Services"). By accessing or using our Website or Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing this Website, submitting an inquiry, or engaging our Services, you confirm that you:
- Are at least 18 years of age or have parental/guardian consent
- Have the authority to enter into binding agreements
- Accept and agree to comply with these Terms
- Agree to our Privacy Policy and Cookie Policy
If you do not agree to these Terms, you must not use our Website or Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of the Website or Services after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.
3. Website Use
3.1 Permitted Use
You may use this Website for lawful purposes only, including:
- Learning about our services and capabilities
- Submitting inquiries through our contact form
- Accessing resources, case studies, and information we provide
- Viewing and downloading publicly available content for personal reference
3.2 Prohibited Use
You agree NOT to:
- Use the Website for any unlawful purpose or to violate any laws
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Website or servers
- Use automated systems (bots, scrapers) to access the Website without permission
- Transmit viruses, malware, or harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest personal data of other users
- Reproduce, duplicate, copy, or resell any part of the Website without authorization
- Use our trademarks, logos, or branding without written permission
4. Services and Service Agreements
4.1 Service Engagement
These general Terms govern Website use. When you engage our creative services, a separate Service Agreement will be executed that includes:
- Detailed scope of work and deliverables
- Project timeline and milestones
- Pricing, payment terms, and refund conditions
- Intellectual property rights and licensing
- Approval processes and revision limits
In case of conflict between these Terms and a Service Agreement, the Service Agreement prevails.
4.2 No Guarantee of Results
We provide professional branding and content services to the best of our ability. However, we do not guarantee specific business outcomes, revenue increases, market share gains, or other commercial results. The success of branding initiatives depends on many factors beyond our control, including market conditions, competitive landscape, and your business execution.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, images, software, and design, is owned by Winkin Uno Creative or our licensors and protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, modify, distribute, or reproduce Website content without permission
- Use our branding, logos, or trademarks without written authorization
- Create derivative works based on our content or designs
- Remove or alter copyright notices or attribution
5.2 Client Content and Materials
When you provide us with content, materials, or information for project work ("Client Materials"), you represent and warrant that:
- You own or have rights to use all Client Materials
- Client Materials do not infringe third-party intellectual property rights
- You grant us a license to use Client Materials for project delivery
We may use Client Materials solely for delivering your project and may retain copies for our records and quality assurance.
5.3 Deliverables and Ownership
For contracted projects:
- Upon Full Payment: You own final approved deliverables and receive usage rights as specified in the Service Agreement
- Preliminary Work: We retain ownership of concepts, drafts, and working files not selected as final deliverables
- Portfolio Rights: We retain the right to display completed work in our portfolio and marketing materials
- Templates and Tools: Our proprietary processes, templates, and methodologies remain our property
6. Third-Party Links and Resources
Our Website may contain links to third-party websites or resources. These links are provided for convenience only. We do not endorse and are not responsible for:
- The content, accuracy, or opinions expressed on third-party sites
- Products or services offered by third parties
- Privacy practices of external websites
- Damages arising from your use of third-party sites
You access third-party sites at your own risk and should review their terms and policies.
7. Disclaimers and Limitations of Liability
7.1 Website "As Is"
This Website is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
- Freedom from viruses or harmful components
7.2 Limitation of Liability
To the maximum extent permitted by law, Winkin Uno Creative and its directors, employees, contractors, and affiliates shall not be liable for:
- Indirect, incidental, consequential, special, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from Website use or inability to use the Website
- Reliance on Website content or information
- Unauthorized access to or alteration of your data
Our total liability for any claim related to the Website or Services shall not exceed the amount you paid us in the 12 months preceding the claim, or ₹10,000, whichever is greater.
7.3 Statutory Rights
Nothing in these Terms limits liability that cannot be excluded under Indian law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
8. Indemnification
You agree to indemnify, defend, and hold harmless Winkin Uno Creative, its directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your breach of these Terms
- Your use of the Website or Services
- Your violation of any laws or third-party rights
- Client Materials you provide that infringe third-party rights
- Any misrepresentation you make to us
9. Confidentiality
During our business relationship, we may share confidential information with each other. Both parties agree to:
- Keep confidential information private and secure
- Use confidential information only for the intended purpose
- Not disclose confidential information to third parties without consent
- Return or destroy confidential information upon request or project completion
Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.
10. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising from these Terms or use of our Website or Services shall be subject to the exclusive jurisdiction of the courts located in Rajkot, Gujarat, India.
11. Dispute Resolution
11.1 Informal Resolution
Before initiating formal proceedings, parties agree to attempt good-faith negotiation to resolve disputes. Contact us at [email protected] to initiate discussions.
11.2 Mediation
If informal resolution fails, parties may agree to mediation before pursuing litigation. Mediation costs will be shared equally unless otherwise agreed.
11.3 Legal Action
If mediation is unsuccessful or inappropriate, either party may pursue legal remedies through the courts of Rajkot, Gujarat, India.
12. Consumer Protection
If you are a consumer under Indian law, you have rights under the Consumer Protection Act, 2019, and other applicable consumer protection legislation. These Terms do not limit those statutory rights.
13. Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, pandemics)
- War, terrorism, civil unrest, or government action
- Internet outages, infrastructure failures, or cyber attacks
- Supplier failures or utility interruptions
In such events, affected parties will notify the other promptly and work collaboratively toward resolution.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.
15. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by authorized representatives.
16. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any Service Agreement, constitute the entire agreement between you and Winkin Uno Creative regarding Website use and supersede all prior agreements and understandings.
17. Contact Information
For questions about these Terms, please contact us:
Winkin Uno Creative
150 Feet Ring Road
Rajkot, Gujarat 360005, India
Email: [email protected]
Phone: +91 79905 00005
18. Related Policies
- Privacy Policy - How we collect and protect your personal data
- Cookie Policy - Details on cookies and tracking technologies
- Returns & Refunds Policy - Terms for service refunds