Terms of Service

Introduction

Welcome to Winday (the “Service”). These Terms of Service (the “Terms”) govern the access of merchants and gamers to and use of the Service, including any content, functionality, and services offered on or through the Service. These Terms of Service are divided into two separate agreements for merchants and gamers:

For merchants who use Winday to publish their games and offer rewards to gamers, we have a specific set of Terms of Service that outline the obligations and responsibilities of both parties. The Service encourages all merchants to carefully review these terms before publishing any games on the Service.
For gamers who play games powered by the Service on merchants’ websites and potentially win rewards. The Service also has a set of Terms of Service that outline the rules and expectations for interactions with the Service. The Service encourages all gamers to carefully review these terms before playing any games on the Service.

Please read the Terms carefully before starting to use the Service. By using Winday as a merchant or gamer, you accept and agree to be bound by the Terms of Service and the Privacy Policy, incorporated herein by reference. If you do not agree to these terms, you must not access or use the Service.

Merchants

Basic Terms

Winday (“us”, “we”, or “our”) operates the Winday website, Winday Club website, the brand panel, and the game plugin (the “Service”).

Merchant (“you”, “your”, or “your’s”, “user”, “client”) uses the Winday website, Winday Club website, the brand panel, and the game plugin (the “Service”).

If you are a Merchant using our Service, you are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the Service and through third-party services and websites. You should only provide content that you are comfortable sharing with others under these Terms.

You must use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Winday, a Winday employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Winday, may harm Winday or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider, or other automatic devices, processes, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Service.

This Service is intended for use only by persons who are 18 years of age or older. If you are under 18 years of age, you are not permitted to use or access the Service.

User Content

The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content you post to the Service, including its legality, reliability, and appropriateness.

By posting User Content to the Service, you grant us the right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any purpose.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Winday takes no responsibility and assumes no liability for any User Content posted by you or any third party.

Prohibited User Content

You agree that you will not post or submit any User Content that is harmful, obscene, pornographic, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable.

Removal of User Content

We reserve the right, but are not obligated, to review and monitor all User Content, and to remove any User Content at any time and for any reason without notice. We also reserve the right to terminate or suspend any user’s access to the website or games for violation of this section.

Ownership

The Service and all content provided by the Service, including software, graphics, and sounds, are owned by the Service and its licensors and are protected by copyright, trademark, and other intellectual property laws. The Service grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your commercial use in accordance with these Terms of Service.

All other content, including texts, your logos and other branding elements, reward images, reward descriptions, and graphics themes created by the Service for you through Custom requests, are owned by you.

Your Account

You need a Winday account in order to use some of the features that are offered through the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Billing and payment

Payment Plan

After creating an account on the Service, you have the option to participate in a trial period for a limited time before being charged for the payment plan subscription. During this trial period, you may have access to all features of the Service for free.

After the end of the trial period, you are required to pay for the payment plan subscription monthly fees in order to access the Service. By subscribing to a payment plan, you agree to pay the applicable fees for the plan, including any applicable taxes.

You are charged automatically for their subscription to the payment plan on the billing date. If a payment is declined, merchants will receive a notification and must update their payment method to maintain their subscription.

Credit Card Information

Winday does not store or process any credit card information of merchants. All payment processing is managed through Stripe Payments Australia Pty Ltd A.C.N. 160 180 343, a third-party payment processor that securely processes payment information. Stripe Payments Australia Pty Ltd A.C.N. 160 180 343 is responsible for securely managing all merchant credit card data and billing information.

Billing Data Management

All billing data and payment processing information of users is managed by Stripe Payments Australia Pty Ltd A.C.N. 160 180 343. Merchants are responsible for maintaining accurate billing information on their account and must update their billing information promptly in case of changes.

Refunds

All payment plan subscription fees are non-refundable. In the event of a dispute or a billing error, you should contact Winday’s customer support as soon as possible to resolve the issue.

Amendments

Winday reserves the right to amend the payment plan pricing and payment terms at any time. Any changes to the payment plan pricing and payment terms will be communicated to you prior to the effective date of the changes. Your continued use of the Service following the effective date of the changes constitutes acceptance of the updated payment plan pricing and payment terms.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Winday and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.

Limitation Of Liability

In no event shall Winday, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The Service is not responsible for your actions in relation to gamers related to the fulfillment of their obligations for the prizes won (discount codes and gift cards). The Service only acts as a platform that enables gamers to participate in your campaigns and to receive discount codes and gift cards as rewards. The Service is not responsible for the availability, quality, or delivery of your prizes. It is your responsibility to fulfill the obligations related to the prizes won by gamers. Winday does not guarantee the quality, reliability, or legality of the prizes you offer and shall not be held liable for any disputes arising between you and gamers.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Winday, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Gamers

Basic Terms

Winday (“us”, “we”, or “our”) operates the Winday website, Winday Club website, the brand panel, and the game plugin (the “Service”).

Gamer, gamers (“you”, “your”, or “your’s”, “user”, “client”) uses the Winday website, Winday Club website, and the game plugin (the “Service”).

If you are a gamer using our Service, these Terms govern your use of any games or related services created with the Service and provided by a merchant through its websites or other online platforms (collectively, the “Site”). By using the Service, you agree to be bound by these Terms.

Use of the Service

Eligibility. You must be at least 13 years old to use the Service. If you are under 18 years old, you may use the Service only with the involvement of a parent or guardian.
Registration. To use certain features of the Service, you may be required to create an account with us. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
Prohibited Conduct. You may not use the Service to: (i) infringe any third-party rights; (ii) harass, abuse, or harm another person; (iii) violate any applicable laws or regulations; (iv) post or transmit any false or misleading information; (v) use the Service to engage in any fraudulent activity; (vi) collect or store personal data about other users; (vii) interfere with or disrupt the Service or servers or networks connected to the Service; (viii) use the Service to transmit any viruses or other malicious code; (ix) use the Service for any illegal or unauthorized purpose; (x) attempt to gain unauthorized access to any part of the Service; or (xi) otherwise engage in any conduct that we determine, in our sole discretion, is inappropriate or harmful to the Service or any user of the Service.
Termination. We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination, all rights granted to you under these Terms will also terminate.

Restrictions

You may not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or other aspect of the Service;
Use any data mining, robots, or similar data gathering or extraction methods;
Use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); or
Use any meta tags or any other “hidden text” utilizing Merchant’s name or trademarks.

Disclaimer of Warranties

THE WEBSITE AND GAMES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND/OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE WEBSITE OR GAMES WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR GAMES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT), STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR GAMES.

Indemnification

You agree to indemnify, defend, and hold us, our affiliates, licensors, service providers, content providers, employees, agents, officers, and directors harmless from any claims, damages, liabilities, costs, or expenses (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the website or games, any User Content you post or submit, or any violation of these Terms by you or any other person accessing the website or games using your account.

Waiver

Any failure of the merchant to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The merchant’s failure to act with respect to a breach by the user or others does not waive the merchant’s right to act with respect to subsequent or similar breaches.

Changes to This Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Email: legal@winday.co
Website: https://winday.co/

Effective date: April 29, 2023