Date of Last Revision : 31 July 2023
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology 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 and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of our website 'www.wintwealth.com' and any other websites / domains as may be run and maintained (hereinafter referred to as the "Website") and / or our mobile application/ applications for the use of our services (hereinafter referred to as the “App”). The Website and the App are hereinafter collectively referred to as the “Site”. The Site is an internet-based asset ownership portal providing technology solutions for access to various financial products and alternative investment opportunities (“Services”), owned and operated by FOURDEGREEWATER CAPITAL PVT LTD, a company incorporated under Companies Act, 2013 bearing corporate identification number (CIN) U72100MH2020PTC338284 and having its corporate office at 3rd Floor, 91 Springboard, The Pavilion, #175, Bannerghatta Rd, Dollar Layout, Near Rainbow Hospital, Phase 4, J. P. Nagar, Bengaluru, Karnataka 560076 (“Company”). The Site is also used by the group, affiliate and associate companies of the Company as well as identified third party service providers to offer various products and services (hereinafter, along with the Company, referred to as "we", "us", "our" and "Wint Wealth").
For the purpose of these User Terms (defined hereinafter), "you", "your" or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Site, its contents and uses the Services offered by Wint Wealth on or through the Site.
Your use of our Site and its related sites, Services and tools is governed by the terms and conditions as contained in this agreement applicable to the Site (“User Terms”). By using the Website, you have impliedly agreed and accepted these User Terms. If you do not agree or are not willing to be bound by the terms and conditions of these User Terms (and the rules and policies displayed on the Website), please do not click on the "Accept" button and do not seek to obtain access to or otherwise use the Website. As long as you comply with the provisions of these User Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. If you do not agree to these User Terms, you agree that your sole and exclusive remedy is to discontinue using the Website. Your compliance with these User Terms is a condition to your right to access the Website. Your breach of any provision of these User Terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website.
It is clarified that the Privacy Policy, and disclaimers form an integral part of these User Terms and should be read contemporaneously with the User Terms. Illegality or unenforceability of one or more provisions of these User Terms shall not affect the legality and enforceability of the other terms of the User Terms. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these User Terms shall be binding upon the User.
Site Services
You agree and acknowledge that the Site allows you to avail services directly from the Company and/or its group companies and affiliates and /or any third party service provider and each entity providing the particular product/service is responsible for their products and services and the service provider entity shall be completely responsible for the services and any communications and responsibilities in relation to such services or products. The Company hereby grants you, a limited, non-exclusive, non-transferable, royalty free license to use the Site for the purposes of availing the services from the Company and its group entities and affiliates , collectively hereinafter referred to as Site Services.
The group and affiliate companies of the Company include Fourdegreewater Services Private Limited (“FDW Services”), Fourdegreewater Finvest Private Limited (“FDW Finvest”), Fourdegreewater Marketing Private Limited (“FDW Marketing”) and Fourdegreewater Solutions Private Limited (“FDW Solutions”).
FDW Services runs an online bond platform exclusively on the domain www.wintwealth.com as prescribed by SEBI and described further in detail below in these Terms (“OBP Platform”). The other group companies utilise the Site to provide their products and services but these are offered and transacted upon on a separate domain / sub-domain of the Site separate from the OBP Platform. The details and terms of use of the other products and services and their domains, if any, shall also be set out exclusively in these Terms below.
Beta Services
Wint Wealth may from time to time introduce to you several Services which are in the beta or testing phase. The Company will clearly highlight the beta features in its Services and clearly differentiate them from the publicly available features. The use of beta Services is not mandatory and should you wish to use such beta Services, this Clause will govern the use of such beta Services.
Wint Wealth grants Customer a non-exclusive, non-transferable right to use the beta Services for a period designated by Wint Wealth for the purpose of testing and evaluation of such beta Service by providing the Company with early feedback on the performance of beta Service, identification of any defects, reporting of any bugs, usability of beta Service, and ideas for improvement of beta Services.
It is hereby clarified that the beta Services may contain bugs, errors, omissions, and other problems; and Wint Wealth will not provide any support and maintenance for its beta Services. You, on your own accord, hereby understand and accept that any risk or damages arising out of the use or performance of beta Services will be your responsibility.
The beta Services operate inefficiently and may be substantially modified prior to first commercial availability and can be withdrawn at any time. Wint Wealth will make best possible efforts to intimate users of beta Services about any modification or termination of the beta Services ahead of time, Wint Wealth reserves the right to modify or terminate the beta Services and your access to the beta Services for any reason, without notice, at any time, and without any liability to you. Once the beta Services are terminated, Wint Wealth will not be obliged to provide continued access to data collected during the testing period.
You must be at least 18 (eighteen) years of age or older (in case you are an individual), have a sound mind and not be debarred by any law to contract in order to access and use the Website. If you use the Site or the Services on behalf of someone else (including but not limited to, as a legal representative of another individual or an entity, you must be authorized by such individual or entity. Our Website is accessible to children under the age of 18 (eighteen), however Wint Wealth strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
The Website and the offerings therein are intended only for registered Users who have completed the registration process and completed the KYC (Know-Your-Customer) requirements set out on the Website in accordance with regulatory mandates. A User must agree to become a member of the Website by providing ‘Registration Data’ (as set out on the Website) while registering on the Website and accept these User Terms. Upon ‘Acceptance’, these User Terms will be effective and binding upon you along with any amendments made by us at its sole discretion and posted on the Website and you will not claim invalidity of these User Terms merely on the grounds that these are being concluded electronically. For the aforesaid purposes, 'Acceptance' will mean your affirmative action in having clicked on the "Accept" button as provided on the registration page or any act which reflects your use of the Website or the Services provided by the Website or any such other actions that implies your acceptance.
Upon completion of the registration process, the User will be allocated a unique identification username (“User ID”) to become registered User and the User may be required to enter either (i) a password set by you for your User ID; and / or (ii) a unique one-time password (“OTP”) issued by Wint Wealth to the User for authentication of your User ID each time he/she/it intend(s) to use the Website (together “Login Credentials”). You are solely responsible for the security of your Login Credentials and You will be responsible for all activities that occur under your User ID or account. Wint Wealth will consider all instructions placed with the use of your Login Credentials to have originated from you and will not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect their Login Credentials. You undertake to immediately notify Wint Wealth of any unauthorized use of your account or any other breach of security. You undertake to not sell or otherwise transfer your account/ User ID, or allow any third party to use or access your user account. Wint Wealth reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
You confirm and acknowledge that by registering on the Website, you authorise and consent to Wint Wealth sending promotional and marketing content to you through emails, phone calls, short message service or other electronic and non-electronic mode of communication. Further you authorise and consent to Wint Wealth and its Associates to use different channels of communication, including but not limited to emails, phone calls, short message service or other electronic and non-electronic mode of communication to provide quality services and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.
By using this Website, the User authorises Wint Wealth to fetch data about the investments made on the platform from the counter-parties like Trustees, RTAs, Issuers, etc. By such authorisation, Wint Wealth will have the right to receive data from such counter-parties and disseminate the same to the User through its Site or platform. Such data shall be held confidential by the User and shall be used only for his/her own decision making. The data so shared does not represent solicitation of an offer to buy or sell any assets or securities.
Please be aware that Wint Wealth reserves the right to revoke your access to the Wint Wealth Site, subject to our reasonable discretion. In this regard, we may also choose to suspend your account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.
These User Terms govern your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website. Wint Wealth grants you a limited right to use the Website. The User will not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by these User Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason Wint Wealth may revoke your right to use all or any portion of the Website. The Website and the Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country outside India.
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these User Terms. You are prohibited from violating or attempting to violate the security of the Website.
You agree to, amongst others, not to (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) access the Website in order to build a similar or competitive service; (c) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, any Content of the Website (d) use the Website in any way that causes, or may cause, damage to the Wint Wealth, the Website, its Users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (e) abuse, harass, impersonate, intimidate or threaten other Users; (f) post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any applicable law or right of any third party; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nations; (g) use the Website for any unauthorized purpose, or in violation of any applicable law or these User Terms; (h) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another User’s account, or private information from any User; (i) infringe upon the IP Rights of Wint Wealth or any third party; (j) submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; (k) post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website; (l) use any robot, spider, scraper, sniping software or other automated means to access the Website for any purpose; (m) conduct any systematic or automated data collection activities on or in relation to the Website (n) use the Website or any Content any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing; (o) reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software obtained from or part of the Website; (p) disable, remove, defeat, or avoid any security device or system, including, without limitation, any login functionality used to authenticate Users; (q) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (r) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (s) remove any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (t) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any User of the Website. Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under applicable laws. Wint Wealth may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all Users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
The Website may contain certain links. Activating links on the Website may cause the User to leave the Website. Such links are provided solely for Users’ convenience and information. Wint Wealth has not reviewed any of the websites linked with or connected to the Website and using links on or to the Website is at each individual User’s own risk
The Site makes available general third party information such as, product and service catalogues, advertisements including videos, images and photographs of various products and/or services and other data from external third party sources including web-site links ("Third Party Content"). The provision of Third-Party Content is for general informational or advertisement purposes only. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable. Wint Wealth does not provide any guarantee with respect to any Third-Party Content and Wint Wealth shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
The User shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereto) that are payable by the User with respect to the transactions through the Platform. Wint Wealth will not be liable to pay any taxes which are payable by the User to any governmental authority for any such transaction.
Wint Wealth uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses first-party cookies to report on user interactions with our web-based services. These cookies store non-personally identifiable information. Google Analytics aggregates technical data (non personally identifiable data relating to your usage of our website) with data collected from other users. Wint Wealth uses this information to identify the most popular areas of the Services and how to best present and customise them.
For more information about how Google handles technical information, please visit the site, "How Google uses data when you use our partners’ sites or apps", (located at:www.google.com/policies/privacy/partners ). Under no circumstances will your email, password, any personal financial data be collected by or shared with Google Analytics.
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. Nothing on the Website will be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Wint Wealth’s property and may be used by us for any lawful purpose. Wint Wealth reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Wint Wealth or by third parties who have licensed their materials to Wint Wealth and are protected by Indian and international copyright laws. The compilation of all Contents on the Website is the exclusive property of Wint Wealth and is also protected by Indian and international copyright laws. The Website, including all Information, is owned by or licensed to Wint Wealth and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and will remain the exclusive property of Wint Wealth, its respective third-party licensors or third parties to whom it is attributed and in using the Website individual Users will not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual Users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual Users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of Wint Wealth. The Website uses different web analytics services and is compliant with their terms and conditions.
The Website has been prepared solely for purposes of information. The information available on the Website is for convenience of presentation and under no circumstances should the Website be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any asset listed on the Website. Before making a decision with respect to purchasing any asset, Users are advised to carefully read the related final documentation. Further, Wint Wealth does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Website. Accordingly, Users are advised to consult with their professional tax, legal and financial advisors and carry out their own due diligence with respect to purchasing any asset. Nothing contained on the Website must be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten," "estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. None of Wint Wealth, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Users should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Website. Assets displayed on the Website are not bank deposits, are not insured and are not guaranteed by Wint Wealth, and may lose value.
You will not dispute and /or hold Wint Wealth responsible for:
By using the Site, you expressly agree that such use is at your sole risk. The Site and related services are provided on an "as is", "as available" and "with all faults" basis. Neither Wint Wealth nor any of its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the Site or related services will be uninterrupted or error-free. Neither Wint Wealth nor its associates warrant the accuracy, integrity, completeness, availability or timeliness of the content provided in the Site or the materials or services offered in the Site now or in the future. Wint Wealth and its associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non-infringement of the Site, information on the site or the results obtained from use of the Site or related services. Wint Wealth and its associates accept no responsibility for updating any party of the Site or the content therein.
Under no circumstances will Wint Wealth or its associates be liable to you or anyone else for any direct, consequential, incidental, special, exemplary, punitive or other indirect damages, including but not limited to lost profits, trading losses, unauthorized access, systems failure, communications line failure, internet failure or damages that result from use or loss of use of the Site, content, inconvenience or delay. This is true even if Wint Wealth has been advised of the possibility of such damages or losses.
By Using this Website, you represent and warrant that:
Nothing contained in these User Terms is intended to modify or amend any other written agreement you may have with Wint Wealth or other Users of the Website ("Other Agreements") if any, that may currently be in effect. In the event of any inconsistency between these User Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these User Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern those sections or pages.
You agree to indemnify and hold harmless Wint Wealth and (as applicable) its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Wint Wealth, made by any third party arising out of your breach or non-performance of terms of these User Terms, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
We reserve the right to update (change, modify, add and/or delete) these User Terms from time to time, at our sole discretion, to reflect company initiatives, changes in the law or technology or changes in our practices. When we update these terms, there will not be any direct intimation to You regarding the changes and the changes will be uploaded on the Site with the latest date of upload updated at the top of the page. It is your duty to check the terms and conditions to see any updates. If you do not agree to the amendments, please do not use the Website any further. By continuing to use the Website, you will be deemed to have consented to the latest version of these User Terms.
General
None of the provisions of these User Terms will be deemed to constitute a partnership or agency between you and Wint Wealth and you will have no authority to bind Wint Wealth in any manner whatsoever.
Fiduciary Duty and Fairness of Charges (if any)
In providing you its Services, Wint Wealth will:
Notices
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent via email, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party will have furnished to the other party in writing in accordance with this provision: If to Wint Wealth: hello@wintwealth.com If to you: At the email address provided by you.
Severability
If any clause of these User Terms is deemed invalid, void or for any reason unenforceable, such clause will be severable and will not affect the validity and enforceability of the remaining clauses of these User Terms.
Entire agreement
These User Terms set forth the entire understanding and agreement between you and Wint Wealth with respect to the subject matter hereof.
Assignment
You cannot assign or otherwise transfer your rights or obligations under these User Terms to any third party. Wint Wealth may transfer its rights and obligations (also known as "assign") under these User Terms without your prior express consent, provided that Wint Wealth will assign these User Terms on the same terms or terms that are no less advantageous to you.
Arbitration
If any dispute arises between you and Wint Wealth during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these User Terms, or the documents they incorporate by reference, the dispute will be referred to a sole Arbitrator who will be an independent and neutral third party identified by Wint Wealth. The place of arbitration will be Mumbai, Maharashtra. The arbitration proceedings will be in the English language and will be governed by Arbitration & Conciliation Act, 1996.
Governing Law
These User Terms or the documents they incorporate by reference will be governed and construed in accordance with the laws of India. Subject to clause of Arbitration above, all disputes arising under these User Terms between you and Wint Wealth will be subject to the exclusive jurisdiction of courts at Mumbai, Maharashtra, India.
Refunds & Cancellations
Since it is an investment platform, refunds and cancellations are not applicable. You can choose to withdraw investment depending on availability. Any gesture of goodwill on behalf of Wint Wealth such as refunds and / or reimbursement of transaction charges or any other sum, shall not constitute an acknowledgment of any wrongful act or liability by Wint Wealth and you shall not have any further or additional recourse, legal or otherwise against Wint Wealth.
Obligations and Functions of the OBP Platform
Reporting and Settlement of Transactions on OBP Platform
Execution of Transactions (Settlement of bonds transactions) and Request for Quote Platform
Wint Wealth shall provide its services on a best effort basis. However Wint Wealth shall not be liable for failure of the system or for any loss, damage, or other costs arising in any way out of:
Please read the terms for Deposit Services carefully before utilising the Deposit Services, or accessing any material information in relation to the Deposit Services through the FD Platform. By accessing and using our Deposit Services You accept these terms and conditions and agree to be legally bound by the same.