Winicle Pty Ltd (Australian Company Registration Number: 651095484)
Office 12, Suite 92, Level 1, 515 Kent St, Sydney
NSW 2000, AUSTRALIA
Terms of Services
Welcome to Winicle (the “Platform”), which is provided by Winicle (collectively Winicle entities will be referred to as “Winicle”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share any contents (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your'' means you as the user of the Services. These terms of service outline the rules and regulations for the use of Services. "Client", "You" and "Your" refers to you, the person accessing this website or Winicle’s mobile applications and accepting the Company's terms of service. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. At this stage we do not provide services to users of age under 16 years.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with Winicle’s Community Guidelines.
We reserve the right, at any time and without prior notice,
for any reason or no reason.
Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Our Community Guidelines are designed to ensure that our community stays protected. They set out what's allowed and not allowed on Winicle, and apply to all types of content on our platform, including videos, comments, and links. Winicle will remove all the content that is identified as not compliant with the community guideline. Winicle may deactivate accounts that do not comply with the Community Guideline. A list of content and behaviours or promoting of such on our platform that will be removed by Winicle include but not limited to:
If you think there is content on our platform that is not complying with the Community Guidelines please notify us at: email@example.com
You agree to defend, indemnify, and hold harmless Winicle, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Unless otherwise stated, Winicle and/or it's licensors own the intellectual property rights for all material on Winicle. All intellectual property rights are reserved. You may view and/or print pages from www.winicle.com or Winicle mobile applications for your own personal use subject to restrictions set in these terms of service.
You must not:
Redistribute content from Winicle (unless content is specifically made for redistribution).
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Winicle does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Winicle, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Winicle shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Winicle reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.
You warrant and represent that:
You hereby grant to Winicle a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Web site without prior written approval:
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Winicle; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
No use of Winicle's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
As between you and Winicle, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Winicle Content”), are either owned or licensed by Winicle, it being understood that you or your licensors will own any Content (as defined below) you upload or transmit through the Services. Use of the Winicle Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that Winicle may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and contactable information for promotional purposes, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any Content or your use of any musical works, sound recordings or audiovisual clips created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Content within the Services or on any third party service ( e.g. , you cannot claim Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Winicle Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Winicle reserves all rights not expressly granted herein in the Services and the Winicle Content. You acknowledge and agree that Winicle may terminate this license at any time for any reason or no reason.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Content on our platform is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our platform.
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise. Users of the Services may also extract all or any portion of Content created by another user to produce additional content, including collaborative Content with other users, that combine and intersperse Content generated by more than one user. The user uploading such content should have permission to upload such content on our platform.
Users of the Services may also overlay music, graphics, stickers, Virtual Items onto Content and upload such content through the Services. The information and materials in the Content have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your Content, including Content that on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content will be considered non-confidential and non-proprietary. You must not post any Content on or through the Services or transmit to us any Content that you consider to be confidential or proprietary. When you submit Content through the Services, you agree and represent that you own that Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your Content still own the copyright in Content sent to us, but by submitting Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of Content.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services”above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any Content, and under no circumstances will we be liable in any way for any Content.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
Winicle takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.It is Winicle’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the our users. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Winicle has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Winicle is not responsible for any damages due to copyright issues. It is full responsibility of the users to make sure that they have appropriate permission and right to upload content on our platform.
If you wish to file a complaint about information or materials uploaded by other users, contact us at: email@example.com.
Entry is open to 16years of age or older and who fulfil the participation requirements.
Directors, contractors and employees (and immediate families) of the Promoter and of companies, suppliers and agencies associated with the Promotion are not eligible to be selected as winners.
The Competition holder (promoter) reserves the right at its sole discretion to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
Only entries received by the platform during the start date and time and end date and time of the competition are accepted to be considered for prize. The start date and time and end date and time are as terms and conditions of the competitions.
All entries are deemed received at the time of receipt by the Promoter not at the time of transmission by the entrant.
Winicle or the Competition Holder (Promoter) accepts no responsibility for any late, lost misdirected, delayed, ineligible, incomplete or corrupted entries or delays in the delivery of entries due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account are invalid and will not be accepted.
Download Winicle mobile applications and create a profile with courtesy information. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.
Entrants must not:
Refer to the terms and conditions of the competition and the details of participations of the competitions.
An entry that complies with the a) terms and conditions of the competitions, b) details of the participations of the competition and c) terms and condition of Winlcle.
The winner (or winners) will be selected from valid entries in accordance with the Terms and Conditions of the competition and Details of Participation of the competitions, by the Competition Holder (Promoter). There are two types of competitions; a) selected by skill, or b) selected by chance.
In competitions that winners are selected by skills the prize goes to the valid entries that has received the highest vote by other users.
The winner will be notified by telephone or email within two days of the draw by the competition holder.
In competitions where winners are selected by chance the competition holder (promotor) selects the winners from valid entries by a random computer selection. Winicle does not select the winner in such competitions.
The winner will be notified by telephone or email within two days of the draw by the competition holder
For prize clauses refer to the terms and conditions of the competition.
The prize is given by the Competition holder (Promoter), and winicle has no responsibility or take any liability for misdelivery of the prize, forfeiting the prize by the competition holder, or disqualifying the winner by the competition holder.
In order to receive any prizes, the personal details provided by the user (entrant) in his or her Winicle application profile must be the same legal information of the user (entrant). If a winning entry does not contain this information, then the Competition holder (Promoter) may not distribute the prize to the winner.
In consideration of the Promoter awarding the prize to the winner, the winner permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or any of its related bodies corporate or the goods and services of any of them or the advertising or marketing of any of them, in any media whatsoever throughout the world and the winner will not be entitled to any fee.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Winicle respects the intellectual property rights of others, and we expect you to do the same. Winicle’s Terms of Service and Community Guidelines do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.
Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Winicle's policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow use of copyrighted work under certain circumstances.
Any content that infringes other person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Winicle site or app, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Winicle’s site or app, or otherwise hosted by Winicle.
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community.
We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
If you receive a copyright infringement notification that you believe to be in error or believe that you are authorised to use the content, you can reach out to the copyright owner directly to request a retraction.
A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.
Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.
At the same time, the use of another’s trademark for purposes of accurately referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark owner’s products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user’s own goods or services or those of a third party, is generally not considered a violation of our policies. Likewise, it is generally permissible to make a fan page about a brand, even without the brand’s permission, provided that you do not claim to speak for or be associated with the brand or otherwise violate the brand’s intellectual property rights.
Any content that violate another’s trademark rights may be taken down. Repeat violations of trademark rights in connection with the use of the Winicle site or app, or other violations of the Terms of Service and Community Guidelines may result in the suspension or termination of the user account. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Winicle’s site or app, or otherwise hosted by Winicle.
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under laws as may be applicable in some countries.
If you receive a trademark infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the trademark owner directly to request a retraction.
As a Winicle user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.
If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Winicle is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.
If you have any queries regarding any of our terms, please contact us at:
Winicle’s terms of services (V1.2)
Last updated: 29th June 2021