Terms & Conditions

Welcome to the FreeWin website / the FreeWin mobile application (collectively, "FreeWin Platform" or "Platform"). By accessing or using the FreeWin Platform, it is deemed that You have accepted all the terms and conditions for the Platform after careful perusal of them, which are applicable to all users of the Platform, and accept the same, before proceeding further. These terms and conditions, including the Privacy Policy (Privacy Policy) and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) are considered integral part of these terms and conditions and are incorporated herein (the "T&Cs"). The Platform offers online gaming challenges, competitions and tournaments developed by third-party game developers to interested users, subject to the T&Cs. You hereby agree, understand and acknowledge that You shall be bound by the terms contained in the Agreement, and use and access of the Platform and playing Games shall be subject to the Agreement. This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000") of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT 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 rules and regulations, privacy policy and T&Cs for access to or usage of the Platform.

1. FreeWin Platform

"FreeWin" ("FreeWin" or "us" or "we"), and through the FreeWin Platform, it offers a catalogue of online games to individual users, including card games, tile-matching games, racing games ("Games").

2. Usage of FreeWin Platform

  • Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 ("Contract Act"). Persons who are "incompetent to contract" within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform. Users must be 18 years of age or older or persons of legal age under the applicable laws of the relevant country from where the User is accessing the Platform, whichever is higher, to register or visit or use the Platform or the FreeWin Services in any manner. By registering for, visiting the Platform or using the Services, You hereby represent and warrant to FreeWin that You are 18 years of age or older, and that You have the right, authority and capacity to use the FreeWin Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or legal guardian and that such User's parent or legal guardian has read and agrees to the terms of this T&Cs on behalf of the minor User. Should FreeWin be made aware that a User is under the age of 18 and is accessing, browsing and/or using the Platform without the supervision of his/her parent or legal guardian, FreeWin reserves the right to deactivate such User's account without further notice.
  • The T&Cs are governed by the provisions of Indian law, including, but not limited to:
    • the Contract Act;
    • IT Act, 2000;
    • the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules"); and
    • the Information Technology (Intermediaries Guidelines) Rules, 2011 ("IG Rules").
  • Any person accessing the Platform (each such person referred to as the "User" or "You") for participating in the Games, available on the FreeWin Platform shall be bound by these T&Cs referred to or provided herein in relation to any services rendered for providing / offering the Games on the Platform ("FreeWin Services"), including any changes made to the same from time to time.
  • FreeWin shall be entitled to modify these T&Cs, at any time, by posting the same on FreeWin Platform. Use of FreeWin constitutes the User's acceptance of such T&Cs, as may be amended from time to time. FreeWin may, at its sole discretion, also notify the User of any change or modification in these T&Cs referred to herein or provided by FreeWin, by way of sending an email to the User's registered email address or posting notifications in the User accounts on the FreeWin Platform.
  • If the User does not agree with these T&Cs, such User is urged to not use the FreeWin Services in any form or manner. Any use of the FreeWin Platform by the User will be deemed to be an acceptance of the T&Cs.
  • Certain FreeWin Services being provided on the Platform may be subject to additional rules and regulations set down in that respect. To the extent that these T&Cs are inconsistent with the additional conditions set down, the additional conditions shall prevail.
  • FreeWin may, at its sole and absolute discretion:
    • Restrict, suspend, or terminate any User's access to all or any part of FreeWin Platform;
    • Change, suspend, or discontinue all or any part of the FreeWin Services;
    • Reject, move, or remove any material that may be submitted by a User;
    • Move or remove any content that is available on FreeWin Platform;
    • Deactivate or delete a User's account and all related information and files on the account;
    • Establish general practices and limits concerning use of FreeWin Platform;
    • Offer discounts to its users in a form it deems fit, in accordance with applicable laws ("Bonus"). All such discounts shall be credited in a separate account called as Bonus Account.
    • Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids).
  • In the event any User breaches, or FreeWin reasonably believes that such User has breached these T&Cs, or has illegally or improperly used FreeWin Platform or the FreeWin Services, FreeWin may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of FreeWin Services or the FreeWin Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on FreeWin and further, take technical and legal steps as it deems necessary.
  • If FreeWin charges its Users a platform fee in respect of any FreeWin Services, FreeWin shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or FreeWin Services on account of any negligence or deficiency on the part of FreeWin, but not if such suspension or removal is effected due to: any breach or inadequate performance of the T&Cs by the User; or any circumstances beyond the reasonable control of FreeWin.
  • Users hereby expressly consent to receiving communications such as announcements, administrative messages and advertisements from FreeWin or any of its partners, licensors or associates.

3. Intellectual Property

  • FreeWin includes a combination of content created by FreeWin, its partners, affiliates, licensors, third party developers, associates and/or Users. The intellectual property rights in all software underlying the Games, FreeWin Services and the FreeWin Platform and any material published on FreeWin, is either (a) owned by FreeWin, its partners, licensors and/or associates or (b) has been duly licensed by FreeWin so as to permit its intended use as part of the FreeWin Services. Users may not use, modify, alter, copy, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Intellectual Property Rights of FreeWin either in whole or in part without express written approval from FreeWin.
  • Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on FreeWin ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights.
  • Users hereby grant to FreeWin and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for purposes including displaying on the Platform, distributing to other Users, and storing in accessible databases.
  • All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the FreeWin Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners.

4. Third Party Content, Services and Products

  • FreeWin Platform may contain links to other internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. FreeWin does not exercise control over any other internet sites apart from the FreeWin Platform and cannot be held responsible for any content residing in any third-party internet site.
  • Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User agrees that FreeWin will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties.
  • The FreeWin Platform may contain content that is created by FreeWin as well as content provided by third parties. FreeWin does not guarantee the accuracy, integrity, quality of the content provided by third parties.

5. Privacy Policy

All information collected from Users, such as registration information and credit card information, is subject to FreeWin's Privacy Policy.

6. User Conduct

  • You hereby agree to abide by these T&Cs. In the event a User does not abide by these T&Cs, FreeWin may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: restricting, suspending, or terminating any User's access to all or any part of FreeWin Services; deactivating or deleting a User's account and all related information; or refraining from awarding any winnings to such User.
  • Users hereby agree and expressly consent to provide true, accurate, current and complete information at the time of registration and at all other times as required by FreeWin.
  • You hereby agree and expressly consent to provide us with Your personal information and details, to the extent required, and permit FreeWin to collect, store and handle such information for the purposes of registration on the Platform, availing FreeWin Services and/or playing the Games.
  • A User shall not register or operate more than one User account with FreeWin.
  • Any password issued by FreeWin to a User may not be revealed to anyone else. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify FreeWin of any unauthorized use of their passwords or accounts or any other breach of security.
  • Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to rig, modify or interfere with Games, FreeWin Services and/or FreeWin Platform experience.
  • Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Games, FreeWin Platform or FreeWin's Services.
  • Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support Games, FreeWin Platform or the FreeWin's Services.
  • Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt FreeWin Services.
  • Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games on the FreeWin Platform.

7. Conditions for Participation

  • By entering a Game, User agrees to be bound by these T&Cs and the decisions of FreeWin. The Company, at its sole discretion, may disqualify any user from a Game, refuse to award benefits or winnings and require the return of any winnings, if the user engages in unfair conduct.
  • Falsifying ones own personal information (including, but not limited to, name, email address, bank account details).
  • Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc.
  • Colluding with any other user(s) or engaging in any type of syndicate play.
  • Any violation of Game rules or the T&Cs.
  • Accumulating points or winnings through unauthorized methods such as automated bots, or other automated means.
  • Any type of misuse, misuse of the Invite Friends feature, or misuse of any other offers or promotions.
  • Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game.
  • It is clarified that in case a User is found to be in violation of these T&Cs, FreeWin reserves its right to initiate appropriate civil/criminal remedies as it may be advised other than forfeiture and/or recovery of winnings money if any.
  • FreeWin only offers cash tournaments in games of skills. FreeWin does not support, endorse or offer to Players "games of chance" for money.

8. Registration

  • In order to register for the Game(s), Participants will be required to accurately provide their Mobile Number.
  • Participants are also required to confirm that they have read, and shall abide by, these T&Cs.
  • Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, Participants enter platform and can start playing basis the format of his/her choice.

9. Contacting Users/Players

  • If during the participation of any winnings, it is discovered that the users/players have not abided by these T&Cs, and other rules and regulations in relation to the use of the Platform, Game Rules, etc.
  • The decision of FreeWin with respect to the awarding of winnings shall be final, binding and non-contestable.
  • FreeWin may, at its sole and absolute discretion, suspend or terminate such Participant's account with FreeWin Platform if the participants do not abide by these T&Cs.

10. Publicity

Acceptance of any winnings by the player/user constitutes permission for FreeWin, and its affiliates to use the winner's name, images, photographic representations, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and promotion without any further permissions or consents and / or additional compensation whatsoever.

11. Games of Skill and Legality

  • The Games offered as part of the FreeWin Services on the FreeWin Platform are games of skill, as success of Participants depends primarily on their superior knowledge, skill and judgment.
  • The playing of Games is purely determined by the User's skill and there is no intervention from the Platform in determining the outcome of the Game. Users must apply and utilise significant knowledge and skill and invest time and effort to win a Game.
  • By participating in this Game(s), each Participant expressly acknowledges and agrees that he/she is participating in a game of skill.

12. Unlawful or Prohibited Use

You warrant to FreeWin that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the FreeWin Platform, the FreeWin Services and any other related activities. You further warrant that You will not use the FreeWin Platform in any way prohibited by terms contained in the T&Cs or under applicable law. You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the use of services or website.

13. General Conditions

If it comes to the notice of FreeWin that any governmental, statutory or regulatory compliances or approvals are required for conducting any Game(s) or if it comes to the notice of FreeWin that conduct of any such Game(s) is prohibited, then FreeWin shall withdraw and / or cancel such Game(s) without prior notice to any Participants or player/user of any Game(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Game in any manner.

14. Dispute Resolution

  • The courts of competent jurisdiction at Bengaluru shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FreeWin Services provided by FreeWin Platform. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
  • In the event of any legal dispute, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within thirty (30) days of receipt of Notification, the dispute shall be settled by arbitration.
  • The place of arbitration shall be Bengaluru, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
  • The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
  • Nothing contained in these T&Cs shall prevent FreeWin from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FreeWin's interest.

15. Release and Limitation of Liability

  • Users shall access the FreeWin Services provided on FreeWin Platform voluntarily and at their own risk. FreeWin shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by Users or any other person or entity during the course of access to the FreeWin Services or as a result of acceptance of any winnings.
  • FreeWin accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the winnings.
  • Users shall be solely responsible for any consequences which may arise due to their access of FreeWin Services / FreeWin Platform by conducting an illegal act or due to non-conformity with these T&Cs.
  • Users shall indemnify, defend, and hold FreeWin harmless from any third party / entity / organization claims arising from or related to such User's engagement with the FreeWin Platform or participation in any Game.
  • In consideration of FreeWin allowing Users to access the FreeWin Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions each of them has or may have against FreeWin for all and any injuries, accidents, or mishaps arising out of the provision of FreeWin Services or related to the Games or the winnings of the Games.

16. Disclaimers

  • To the extent permitted under law, neither FreeWin nor its parent / holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
  • To the extent permitted under law, FreeWin shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, FreeWin Services or sites, cancellation of competition and winnings. FreeWin Platform content is distributed on an "as is" basis.
  • Any material accessed, downloaded or otherwise obtained through FreeWin Platform is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data.
  • FreeWin shall make best endeavours to ensure that the FreeWin Platform is error-free and secure, however, neither FreeWin nor any of its partners, licensors or associates makes any warranty that: the FreeWin Platform / Services will meet Users' requirements; will be uninterrupted, timely, secure, or error free; the results will be accurate or reliable; and the quality will meet Users' expectations.
  • To the extent permitted under law, neither FreeWin nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.

17. Miscellaneous

  • FreeWin may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon FreeWin posting them on the FreeWin Platform or delivering them to the User.
  • Users agree that any claim or cause of action arising out of or related to use of the FreeWin Platform or these T&Cs must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
  • FreeWin reserves the right to moderate, restrict or ban the use of the FreeWin Platform, specifically to any User, or generally, in accordance with FreeWin's policy/policies from time to time, at its sole and absolute discretion and without any notice.
  • FreeWin may, at its sole and absolute discretion, permanently close or temporarily suspend the FreeWin Platform or any FreeWin Services.
  • FreeWin may from time to time conduct/organize promotions/offers on the Platform. No two or more promotions can be clubbed together with any other promotions that are running simultaneously on the FreeWin Platform, unless expressly permitted by FreeWin.

18. Severability and Assignment

  • If any provision of the T&Cs is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the T&Cs shall continue to be in full force and effect.
  • You will not transfer, assign or delegate Your rights or obligations including Your account under the T&Cs to anyone without the express written permission of FreeWin, and any attempt to do so will be null and void. FreeWin may assign the T&Cs or its rights, or obligations hereunder to anyone in its sole discretion.

19. Waiver

FreeWin's failure to enforce any provision of the T&Cs or respond to a breach by a User shall in no way imply a waiver of FreeWin's right to subsequently enforce any provision of the terms of the T&Cs or to act with respect to similar breaches by a User.

20. Force Majeure

Except for the payment of any fees due to FreeWin, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemic, pandemic, cyber-attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. FreeWin shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.

21. Interpretation

  • Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
  • Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
  • The words "include" and "including" are to be construed without limitation.
  • References to the word "Your" shall have the same meaning as "You".