Terms and Conditions

Terms of Service Agreement

By clicking on “I accept” checkbox for “Terms of Service” and/ or continuing to use Bluewinger products/services/software, you agree to all the terms and conditions without exception. When You use any of the products/services/software provided by Us through the Website or Mobile application or other mediums (“Application”), including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Bluewinger Application.

  1. These Terms of service ( this “Agreement”) are entered into between the entity executing this Agreement (“You”) and BlueWinger Solutions Private Limited (“BlueWinger” or “BlueWinger.com” or “we” or “Us” ), a Private Limited Company incorporated under the Companies Act, 2013.
  2. By visiting our Website and/or downloading our Mobile Applications and/or accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere, and be bound by the following terms and conditions as stated in this policy along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section for more information)
  3. Bluewinger Application is a platform that Users utilize to meet and interact with one another for their transactions and sharing of information. BlueWinger is not and cannot be a party to or control in any manner any transaction or communication between the Application’s Users
  4. All commercial/contractual terms are offered by Business Users (Corporate/HR /Seller/Business/Marketer) directly to the Users and they agree to fulfill them to the Users, as per the commercial/contractual terms. The commercial/ contractual terms include without limitation, warranties related to Products and/or Services including after sales services over which they have complete control. Bluewinger takes no responsibility for the Products and/or Services that are sold or supplied to you and make no warranty and/or guarantee to the users for the quality, safety, usability, or other aspect of a product and/or service that is supplied to you and/for some services or activities that involve potential bodily harm, and for those activities, Bluewinger takes no responsibility for the Service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those Services.
  5. BlueWinger holds the right to deactivate user IDs.
  6. Bluewinger would not be responsible or liable for loss, sharing or misuse of your access credentials, any activity or effects of the activity in your account. You will be solely responsible for any activities, actions or effect of the activity/action taken under your Account, whether or not authorized by you. Bluewinger shall have no liability in the event of any loss of all kinds, suffered by you or the Users, arising out of the information, content and/or messages published. We reserve the right to terminate your registration/account at any time.
  7. You, not Bluewinger, are the User/Corporate/HR/Seller/Business/Marketer of the Products/ Services and/or Events and provider of the message content. You will be solely responsible for the correctness, accuracy, relevance, latency of the message content, data or information provided to the Users.
  8. BlueWinger does not make any representation or Warranty as to specifics (such as authenticity, quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Application. BlueWinger does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Application. BlueWinger accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  9. BlueWinger is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. BlueWinger cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Application. BlueWinger shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  10. The Application is a technology platform that can be utilized by Users to reach a larger base to buy and sell products or services. BlueWinger is providing a technology platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  11. The transaction, however, occurs directly between the User and the Sellers making the offers. BlueWinger does not guarantee to the User, either the quality of the products/services advertised by the Sellers or the authenticity of the offer made in its application.
  12. Legal issues between Users and Sellers regarding the authenticity of the contents advertised by Sellers and losses or gains incurred by Users upon acting on them are not the responsibility of BlueWinger and will be directly settled by the User and the Seller. BlueWinger may, however, investigate such instances of misdirection to enact appropriate measures.
  13. BlueWinger is not responsible for any fault in User hardware/software or mobile software/hardware caused by the introduction of its application or its subsequent usage.
  14. Certain varieties of offers and transactions featured in BlueWinger will be honored through vouchers or coupons or coupons codes. In such cases, the User will have to produce the voucher before the Seller has made the offer, for them to honor the transaction. The Buyer has to check with the Seller, the validity and acceptance of the voucher beforehand. The responsibility of honoring the vouchers lies with the Seller and not with BlueWinger.
  15. User needs to check and confirm before-hand the offers, deals and discounts offered in the Application , Check the authenticity of the information shared, event registration and seat availability, payment processed/ received etc.
  16. BlueWinger is not responsible for incomplete download of voucher/marketing information that may arise from network connectivity issues. BlueWinger is also not responsible for financial loss or non-honoring of vouchers for instances where Users attempted to conduct transactions under the aforementioned conditions.
  17. Users agree to adhere to the Terms and Conditions of the service provided for Gift Vouchers, including redemption process, usage, validity etc. Bluewinger is not responsible for theft, misuse, expiry, loss etc of the gift vouchers.
  18. Bluewinger reserves the right to change its Fee Policy from time to time. Changes to the Fee Policy shall be posted on the Website/Application and such changes shall automatically become effective immediately after they are posted on the Website/Application.
  19. The user will not use or launch any manual or automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, or network and/or application security hacking etc., that accesses the application and creates traffic , malfunction or failure in an manner.
  20. The user will not make any efforts to reverse-engineer BlueWinger Application, system, protocols, content or design.
  21. User shall not publish false, inaccurate, misleading , impersonated or illegal information
  22. The user agrees not to engage in acts of defamation of Bluewinger, its management and fellow users of BlueWinger in BlueWinger Application or other social mediums
  23. The user agrees not to spam forums and platforms of feedback and not to introduce any pornographic content into the Bluewinger Application or use it for any anti social agenda. User agrees not to share any confidential information or personal information of others in the Bluewinger Application. User agrees not to misuse the Application. User agrees to adhere to the security and privacy policies and code of conduct of the respective corporate organizations they belong to.
  24. BlueWinger is not responsible for action of users leading to injury/ defamation of other Users or organizations
  25. Bluewinger holds the absolute right of ownership and usage over all content, information and/or data. This includes messages published in its application and website, data collected as part of market research, User data, User purchase data, purchase trends, usage data, User location data etc. Bluewinger can use these to develop new offerings and innovations and to market.
  26. Bluewinger reserves the right to run analytics on above mentioned data for insights to potentially improve its business and offer better product and service to both Business Users and Users.
  27. Bluewinger reserves the right, in our sole discretion, to add, modify, discontinue or terminate any or all of the features in the mobile and web applications being offered at any time.
  28. BlueWinger offers only E-mail support for its Users. There will be no other type of service offered either telephonic or in person. There are no fixed timelines assigned for response to queries at present. However, BlueWinger is committed to answering all queries at the earliest and in the best manner possible.
  29. Force Majeure: In addition, BlueWinger does not guarantee the its services during events beyond BlueWinger’s control including but not limited to earthquakes, floods, fires, volcanic eruptions, other natural disasters strikes, riots, insurrection, explosions, war, governmental action, labor conditions, terrorism or interruptions in Internet services.
  30. You shall indemnify and hold harmless Bluewinger, its owner, licensee, business partners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party
  31. Each Party will protect the other’s Confidential Information from unauthorized distribution and use with the same degree of care that each Party uses to protect its own like information, but in no event less than a reasonable degree of care. Neither Party will make the other Party’s Confidential Information available in any form to third parties nor use the other Party’s confidential Information except as necessary to exercise its express rights or perform its express obligations. The receiving Party shall not circulate Confidential Information within its own organization or that of its Affiliates except to those employees or consultants who need to know such information in connection with the business relationship between the Parties. “Confidential Information” includes, but is not limited to, information related to current and future products, research and development , new features, product schematics or drawings, descriptive material, specifications, software (source code or object code), sales and customer information, business policies or practices, business models, pricing , business opportunities, business ideas, trade secrets, information received from others that each party is obligated to treat as confidential, and other materials and information of a confidential nature.
  32. Each Party acknowledges and agrees that, due to the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to the non-breaching Party; therefore the non-breaching Party shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under this Guidelines. Notwithstanding the foregoing, the receiving Party may disclose Confidential Information of the disclosing Party to the extent that such information is required to be disclosed by the receiving Party as a matter of law; provided that the receiving Party uses all reasonable efforts to provide the disclosing Party with prior notice of such disclosure and to obtain a protective order therefore. The Parties agree to hold each other’s Confidential Information in confidence during the term of this Agreement and for a period of five (5) years following any termination of this Agreement, provided, however, that Contractor’s obligations hereunder shall survive and continue in effect thereafter with respect to any of Bluewinger Confidential Information that continues to be a trade secret under applicable law.
  33. Upon termination or expiration of this Agreement and/or any Statement of Work, the Receiving Party will return to the disclosing Party all Confidential Information of such party disclosed under this Agreement and/or the relevant Statement of Work, and copies thereof, or, alternatively, destroy such Confidential Information in its possession and confirm to the disclosing Party the completion of the destruction. Partner warrants that it will duly observe all its obligations under all applicable data protection regulations, rules, or legislation governing the handing and disclosure of any data including but not limited to Personal Information.
  34. The services and application are protected by copyright, trademark, and other laws of India and other foreign countries. Bluewinger and its licensors exclusively own all right, title and interest in and to the Services and Application, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Application. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in this Agreement.
  35. Your use of the Application and/or Services is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Application and/or Services. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Application; or (ii) that the services and/or Application will be error-free or that any errors will be corrected; or (iii) regarding correctness or accuracy of information and transmission of information. We disclaim all liability for any technical failures or errors of, on, or connected to the Application.
  36. The Services and Application, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Bluewinger, will create any warranty not expressly stated in this Agreement.
  37. You agree to defend, indemnify, and hold Bluewinger, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Application; (ii) your violation of this Agreement; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
  38. IN NO EVENT WILL BLUEWINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BLUEWINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLUEWINGER’S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED ONE RUPEE.
  39. Bluewinger is headquartered at Bangalore, Karnataka. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using Bluewinger Application, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or Bluewinger Application, shall be finally settled by arbitration in Bangalore in accordance with the provision of the Arbitration and Conciliation Act.
  40. THIS DOCUMENT CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION OF BLUEWINGER. NO PART OF THIS DOCUMENT MAY BE USED, DISCLOSED, TRANSMITTED, DISTRIBUTED; COPIED OR REPRODUCED IN ANY WAY OF FORM, WITHUT THE PRIOR WRITTEN CONSENT OF BLUEWINGER.
  41. Bluewinger, Bluewinger and associated logos are trademarks or service marks of Bluewinger and its affiliates and may be registered in certain jurisdictions. Use of any and all of the foregoing is subject to the written approval of Bluewinger.

Business (Seller/ Advertising/ Business/Corporate/HR) Usage:

  1. Market Research: One of the most important steps in planning and executing your marketing communications plan using Bluewinger is to understand your existing customers and potential customers, using proven market research techniques. You may be supported by Bluewinger in the execution of the marketing research program at your premises or online, such as, but not limited to, stores, facilities, centers, customer points, sales points etc. The marketing research questionnaire could be co-branded with your corporate logo. The questionnaire may be printed or online, as deemed suitable by Bluewinger. The data collected from the questionnaire would be the property of Bluewinger and might not be shared with you. A summary output report may be shared with you, in a predefined template as designed by Bluewinger.
  2. The market research would be on-going and continuous, as this would help you, in better positioning of the marketing content. You would provide us with required help and support, not limited to services of support staff, who can execute the market research, including distribution of the questionnaires, assisting the respondents in filling, clarifying any questions that the respondents might have, collecting the completed questionnaires, collating the completed questionnaires and handing over of them to Bluewinger. You would ensure that the respondents are not influenced, motivated or prompted by you or anyone on your behalf, request or interest, to respond to the questionnaire in favorable manner.
  3. You would not use, copy, scan, store or archive the data collected or the completed questionnaire in any form, including physical and electronic. You may be able to suggest additional questions in the marketing research questionnaire. Bluewinger has the right to select, add, modify or delete the questions in the marketing research questionnaire.
  4. The schedule, latency and frequency of message publishing, ranking, relevance and format of the messages as seen by Users would be at the discretion of Bluewinger. We reserve the right to decide if your messages are published. These guidelines may be modified from time to time in Bluewinger’s discretion.
  5. You may be provided with a self-service web portal (Message Admin Console) to create, edit, delete and administer the marketing messages, which can be accessed using a username and password. You would be provided with an account (username and password) or provision to create your account to access this Admin Console.
  6. Message Admin Console in summary, helps you in organizing and executing your marketing communication plan, by creating/editing the marketing messages. You may also be provided with a provision to input parameters like active date, validity etc for the products/services offered, including Message Chaining / Engagement.
  7. Message Chaining/Engagement is a unique feature with which you can define a set of related messages and automatically publish them at predefined schedules.
  8. The access credentials are provided to an individual (Named User) and should not be shared within the organization or outside the organization. You agree not to disclose your data and credentials to anyone else. Please notify us immediately of any unauthorized use of your password or your Account. By accepting or creating an account, you represent, warrant and covenant that you provide Bluewinger with accurate, truthful, and complete information and to keep your information accurate and up-to-date. You shall not provide any false information to Bluewinger (including a false email) or create any account for anyone other than yourself. We are not liable for any loss or damage from your failure to comply with these requirements.
  9. All commercial/contractual terms are offered by Corporate/HR /Seller/Business/Marketer directly to the Users and you agree to fulfill them to the Users, as per the commercial/contractual terms. The commercial/ contractual terms include without limitation, warranties related to Products and/or Services including after sales services over which you have complete control. We take no responsibility for the Products and/or Services that are sold or supplied by you and make no warranty and/or guarantee to the users for the quality, safety, usability, or other aspect of a product and/or service that is supplied you and/for some services or activities that involve potential bodily harm, and for those activities, Bluewinger takes no responsibility for the Service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those Services.
  10. In case you fail to uphold your promised offer to Users partially and/or entirely, Bluewinger holds the right to press legal charges to compensate for losses in finance, other tangible resource or goodwill occurring from this act. Bluewinger holds the right to decide on honoring the service request from you. Bluewinger holds the right to terminate the contract with any of its partners if it deems such an action necessary. Bluewinger does not guarantee either any amount of User traction/conversion for any product/service offering or any volume of User participation in events.
  11. Corporate Message feature is designed to help you, to publish your marketing communications messages to the corporate Users and/or corporate user segments, in case the products and/or services offered by you are relevant and appropriate to the Corporate Users. In this program, you could define your messages to reach a particular set of Corporate Users.
  12. As Bluewinger Seller, you may be eligible for participation in Bluewinger corporate feature, including corporate messages and corporate days conducted at corporate premises. The decision on the eligibility and participation would be at the discretion of Bluewinger.
  13. Corporate users of Bluewinger with similar behavior or profile are categorized into corporate segments or clusters, based on standard logic or logic developed by Bluewinger. Corporate clusters, type of clusters, total number of segments/clusters, type of Users, and total number of Users for publishing messages would be at the discretion of Bluewinger, irrespective of the segments, clusters or clustering logic.
  14. As Bluewinger Seller you are entitled to use Bluewinger Seller Logo on your corporate Website and Collaterals on active partnership.
  15. As a Bluewinger Business User (Seller/Corporate), you might be listed as Corporate/Business User of Bluewinger in our websites/mobile apps, and referenced in our marketing materials and collaterals. Bluewinger has the right to use your logo, company name, website URL, description of company, details on the products/services offered by you, your success story, reference etc for the PR and marketing activities of Bluewinger, but not limited to website/mobile app content, reference in events, speeches and discussions, marketing campaigns, emails, SMS,USSD, infographics etc. Bluewinger holds the right over the aforementioned material even upon termination of partnership.
  16. The commercial terms and pricing would be based on pricing guidelines of Bluewinger that are current at any given time. Bluewinger may from time to time change and/or supplement the pricing and pricing policies in its discretion. Any such changes will become effective on the date specified by Bluewinger and would supersede any prior policies, pricing, discounts, arrangements or agreements concerning the subject matter hereof.
  17. The current pricing model is based on subscription for usage of the Application based on number of Messages/Posts per month. Unused Messages would get lapsed after the monthly cycle with no claim in the future, and cannot be carried forward, used for cash downs, discounts etc or exchanged/surrendered for other products/services.
  18. After expiry of the subscription period, the then active commercials terms and policies would be applied for renewal. If the policies have changed then, near- equivalent policies would be applied at the discretion of Bluewinger, without change in the pricing. Same is the case when the policies change within a subscription cycle. It is not guaranteed that there would be equivalent policies and/or near-equivalent policies on introduction of newer policies. In case, there are no near- equivalent policies, new pricing policies, including commercial terms and pricing would be applied.
  19. Payment to Bluewinger would be based on the agreed payment terms. The payment for subscription and reward points cannot be cancelled. No refunds or adjustments are applicable.
  20. All the others terms in this document are applicable.