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TERMS OF SERVICE

Terms of Service

  • These Terms of Service govern relations related to purchasing and selling products and services, making payments, arranging delivery, participating in promotions, and using other services through the WinU platform.
  • By registering on the WinU platform and beginning to use the services, the user and partner organization are deemed to have fully read, understood, and accepted these Terms of Service.
  • If you do not accept these Terms of Service, you must not use the WinU platform.

ONE. GENERAL PROVISIONS

  • 1.1 WinU is an information technology-based digital platform designed to organize product and service orders, sales, payments, delivery, promotions, and other related services electronically between users and partner organizations.
  • 1.2 These Terms of Service govern registration on the WinU platform, use of the platform, purchasing and selling products and services, payments, delivery arrangements, participation in promotions, processing of personal data, and the rights, obligations, and liabilities of the parties.
  • 1.3 These Terms of Service apply equally to all services provided through the WinU application, website, and other devices.
  • 1.4 WinU is responsible for connecting users and partner organizations and providing digital solutions for orders and payments. The partner organization is independently responsible for the quality, warranty, delivery, legality, and any disputes with users related to the products and services it posts.
  • 1.5 The terms used in these Terms of Service shall have the following meanings.
  • 1.5.1 WinU means a platform that electronically organizes products, a business social platform, purchases, payments, delivery, promotions, and other services.
  • 1.5.2 User means an individual or legal entity registered on the WinU platform who receives products or services, places orders, participates in promotions, or uses other platform services.
  • 1.5.3 Merchant means an individual or legal entity that offers, advertises, and sells its products or services to users through the WinU platform.
  • 1.5.4 Products and services mean all types of goods, work, services, digital services, and other sale items offered by a partner organization through the WinU platform.
  • 1.5.5 Order means the action by which a user submits a request to purchase products or services through the WinU platform and confirms the payment terms.
  • 1.5.6 Payment instrument means commercial banks, e-wallets, QR payments, cards, installment payments, digital loans, and other digital payment systems.
  • 1.5.7 WinU account means the account section of the system where payments, income, expenses, fees, refunds, and other financial information of users and partner organizations are recorded.
  • 1.5.8 Service fee means the commission deducted from the business from the value of sales successfully made through the WinU platform.
  • 1.5.9 Privacy Policy means the organization's document related to collecting, processing, storing, using, and protecting the personal data of users and partner organizations.

TWO. ACCEPTANCE OF THE TERMS OF SERVICE

  • 2.1 Before registering on the WinU platform, the user and partner organization must fully review these Terms of Service and the Privacy Policy.
  • 2.2 By clicking a consent button such as I agree, Continue, Register, selecting a checkbox, or performing an equivalent electronic action, the user is deemed to have accepted these Terms of Service and the Privacy Policy.
  • 2.3 If the user does not accept the Terms of Service and the Privacy Policy, the user has the right not to use the WinU platform.
  • 2.4 WinU has the right to restrict a user who has not accepted the Terms of Service from using some or all platform services.

THREE. USER REGISTRATION AND REQUIREMENTS

  • 3.1 Users and partner organizations create an account on the WinU platform based on a mobile phone number, email address, and other required information.
  • 3.2 WinU may use a one-time password, verification link, DAN system, electronic signature, or other verification methods to confirm user registration.
  • 3.3 The user is fully responsible for maintaining the confidentiality of the user's account, login name, password, one-time codes, and other verification information.
  • 3.4 The user is prohibited from allowing third parties to use the user's account, transferring it to others, or using another person's account without authorization. The user is responsible for any risks arising from this.
  • 3.5 The user is fully responsible for the accuracy, completeness, and legality of information entered into the WinU platform.
  • 3.6 A user of the WinU platform must have full civil legal capacity. Any consequences arising from use of the platform by a person without full civil legal capacity shall be borne by that person, their legal representative, guardian, or custodian.
  • 3.7 Certain products and services may require a minimum age, special license, or verification under applicable laws. In such cases, the user must confirm that the user meets those requirements.
  • 3.8 Creating an account, placing an order, or making a payment using another person's name, personal data, payment instrument, or bank account is prohibited.
  • 3.9 If WinU has reasonable grounds to believe that registration information is false, incorrect, incomplete, or unlawful, WinU may suspend, restrict, or delete the account.

FOUR. USER CONSENT AND PERSONAL DATA

  • 4.1 The user consents to the organization's collection, processing, storage, and use of personal data entered while using the WinU platform.
  • 4.2 Based on the user's consent, the organization receives personal data and stores it electronically or on paper for the period and under the requirements set by applicable laws and regulations.
  • 4.3 For identification and verification purposes, WinU may request surname, name, registration number, civil registration number, date of birth, identity document information, phone number, email address, residential address, employment status, income information, and other necessary information.
  • 4.4 Based on the user's consent, WinU may connect to the DAN digital information database to compare, verify, and confirm the user's personal data.
  • 4.5 Where necessary, WinU may process information the user enters in the platform or specifically authorizes for identity verification, fraud/security, risk assessment, and offering suitable products and services. WinU does not copy or collect the user's device contact list, calendar, or browsing/search history outside the platform.
  • 4.6 If the user requests products or services from other organizations cooperating with the WinU platform, the organization may share relevant information with such organizations within the scope consented to by the user.
  • 4.7 Information may be shared, to the necessary extent and subject to confidentiality obligations, with contractors, consultants, and service providers cooperating to improve, develop, expand, and provide technical support for the WinU platform.
  • 4.8 If an authorized authority requests information on grounds provided by law, WinU may provide the relevant information in compliance with applicable law and limited to the requested scope.
  • 4.9 The user's biometric data shall not be stored in the organization's systems or servers.

FIVE. USER RIGHTS AND OBLIGATIONS

  • 5.1 The user must use the WinU platform in accordance with the laws of Mongolia, generally accepted ethics, and these Terms of Service.
  • 5.2 The user must carefully review product and service information and verify the information before confirming an order and payment.
  • 5.3 The user must accurately enter the delivery address, contact information, payment information, and other required information.
  • 5.4 The user is prohibited from performing the following actions.
  • 5.4.1 Posting false, misleading, or unlawful information;
  • 5.4.2 Infringing another person's intellectual property, reputation, or personal data;
  • 5.4.3 Creating fake orders or artificial transactions;
  • 5.4.4 Purchasing, selling, or offering prohibited or unlawful products or services;
  • 5.4.5 Interfering with the normal operation of the WinU platform;
  • 5.4.6 Unauthorized use of payment instruments, bank accounts, cards, e-wallets, or other financial information in another person's name;
  • 5.4.7 Negatively affecting WinU's reputation or operations, spreading false information, or defaming WinU;
  • 5.4.8 Creating an account on the WinU platform or receiving services using another person's name or information;
  • 5.4.9 Using credit rights, installment payments, digital loans, or other payment solutions to cash out, transfer funds, or create fake transactions.
  • 5.5 The user is fully responsible for any damage caused to WinU, partner organizations, other users, or third parties as a result of violating these Terms of Service.
  • 5.6 If the user believes that any promotion, payment, commission, fee, or transaction is incorrect, the user may contact WinU through official channels within 10 days from the date of the transaction for review.
  • 5.7 The user is prohibited from using the WinU platform by unauthorized representation of any individual. The user is solely responsible for any consequences and legal or other liabilities arising from such use.
  • 5.8 If the user uses the WinU platform on behalf of any organization, the user represents that the user is authorized to represent that organization, and the organization is deemed to have accepted these Terms of Service. The user and the organization jointly bear the consequences, duties, and liabilities of any actions performed on its behalf.

SIX. RIGHTS AND OBLIGATIONS OF MERCHANT ORGANIZATIONS

  • 6.1 A partner organization has the right to publish, advertise, and sell its products and services through the WinU platform.
  • 6.2 The partner organization is solely responsible for the accuracy and completeness of product and service information, prices, descriptions, images, inventory, quality, warranty, origin, legality, and other information provided to users on the platform.
  • 6.3 The partner organization shall pay a 5 percent service fee from the total value of sales made through the WinU platform. WinU may deduct this fee from the sales payment.
  • 6.4 The partner organization may deliver products and services through the organization's cooperating delivery service or through its own delivery system.
  • 6.5 The partner organization independently handles and resolves delivery, quality, warranty, return, exchange, and any user-related complaints or disputes concerning products and services.
  • 6.6 The partner organization is prohibited from posting products or services that are prohibited by law, lack required authorization, or may harm users' life, health, or property.
  • 6.7 The partner organization must publish product and service prices in a real, transparent, and non-misleading manner.
  • 6.8 The partner organization is prohibited from discriminating against users based on payment method, unjustifiably requiring additional payments, or artificially increasing product prices.
  • 6.9 The partner organization shall not conduct any activity that negatively affects WinU's reputation or normal operations.
  • 6.10 The partner organization independently fulfills its obligations regarding e-receipts, VAT, taxes, and applicable laws related to orders.

SEVEN. POSTING PRODUCT AND SERVICE INFORMATION

  • 7.1 The partner organization must accurately and completely publish the name, price, image, description, purpose, use, storage, warranty period, delivery terms, inventory, and other required information for products and services.
  • 7.2 The partner organization is prohibited from using another person's intellectual property, trademarks, images, videos, content, names, logos, or other information without permission.
  • 7.3 After selling a product or service, the partner organization is prohibited from changing descriptions, prices, or terms in a way that disadvantages the user or worsens the original terms.
  • 7.4 WinU may temporarily hide, require correction of, or refuse to publish product or service information that violates the Terms of Service, is unlawful, misleading, subject to complaints, or considered risky.
  • 7.5 The partner organization must update inventory information for products and services in a timely manner. The merchant organization is responsible for any damage, complaint, or dispute arising from failure to do so.

EIGHT. PLACING AND CONFIRMING ORDERS

  • 8.1 The user may place orders for products and services through the WinU platform at any time, 24 hours a day.
  • 8.2 Before placing an order, the user must carefully review product and service information, prices, delivery terms, return and exchange terms, and other relevant information.
  • 8.3 An order is confirmed when the user pays the order amount using a payment instrument available on the WinU platform.
  • 8.4 WinU does not consider an order valid if payment has not been fully confirmed.
  • 8.5 After an order is confirmed, a sales and purchase relationship regarding the relevant product or service is deemed to arise between the user and the partner organization.
  • 8.6 WinU may send order information, payment status, delivery status, and other notifications to the user's registered phone, email, app notifications, or other channels.

NINE. PAYMENT TERMS

  • 9.1 The user pays for products and services through payment instruments available on the WinU platform.
  • 9.2 From the payment for a confirmed order, WinU deducts the service fee, bank transaction fee, and other related deductions, and transfers the remaining amount to the partner organization's WinU account.
  • 9.3 The partner organization has the right to request transfer of payments accumulated in the Koso Line LLC Khan Bank account to its verified bank account.
  • 9.4 If an erroneous transaction occurs due to technical failure, bank error, duplicate transaction, unjustified payment, or similar circumstances, WinU may correct, reverse, or deduct the transaction.
  • 9.5 Knowingly concealing, misappropriating, refusing to refund, or unlawfully profiting from an erroneous transaction is prohibited.
  • 9.6 If an erroneous, duplicate, or unjustified transaction is credited to the partner organization's Koso Line LLC account, the partner organization must notify WinU immediately upon becoming aware and cooperate in correcting the transaction.
  • 9.7 If installment payments, digital loans, or third-party payment solutions are used, the terms of the relevant payment service provider also apply.

TEN. DELIVERY TERMS

  • 10.1 The partner organization organizes delivery of products and services itself or through a delivery organization cooperating with WinU.
  • 10.2 Delivery time, fee, location, and additional terms may vary depending on the nature of the product or service and the delivery method.
  • 10.3 When placing an order, the user must accurately and completely enter the delivery address, contact phone number, and recipient information.
  • 10.4 If delivery is delayed, misdelivered, lost, or causes additional costs due to incorrect or incomplete user information, the user bears the related risks and costs.
  • 10.5 When receiving products or services, the user must check integrity, quantity, model, color, size, functionality, and other required conditions.
  • 10.6 An order is deemed fulfilled when the user receives the product or service.
  • 10.7 The user's order will be delivered through Mongol Post within 24 to 48 hours after confirmation.
  • 10.8 Delivery may be delayed due to force majeure, public holidays, border or customs delays, weather conditions, quarantine, disaster conditions, technical failures, or other causes beyond the parties' control.
  • 10.9 Depending on the delivery method, the partner organization or the relevant delivery service provider is responsible for delivery-related risks, delays, damage, and other issues.

ELEVEN. ORDER CANCELLATION, RETURN, AND EXCHANGE

  • 11.1 The user has the right to cancel an order before it is confirmed.
  • 11.2 After an order has been confirmed and paid, return or exchange is possible if it complies with the nature of the product or service and the return or exchange terms approved by the partner organization.
  • 11.3 The user may request a return, cancellation, or exchange in the following circumstances.
  • 11.3.1 The ordered product or service differed from the information posted on the platform;
  • 11.3.2 The product was damaged, defective, or unusable;
  • 11.4 When receiving a product, the user must inspect and document any visibly apparent damage, defect, or discrepancy at that time.
  • 11.5 A product to be returned or exchanged must be unused, unsoiled, undamaged, complete with packaging and accessories, and suitable for resale.
  • 11.6 Due to hygiene, safety, legal requirements, or the nature of the product, return or exchange may not be possible for certain products and services.
  • 11.7 Returns may not be available for electronic tickets, coupons, one-time rights, digital products, time-limited services, custom-made products, or products modified at the user's request.
  • 11.8 Depending on the circumstances, the user or the partner organization is responsible for delivery fees, bank fees, payment service fees, and other costs related to return, exchange, or cancellation.
  • 11.9 Issues related to returns and cancellations are resolved by mutual agreement between the partner organization and the user. WinU is responsible for forwarding information and providing technical support where necessary.
  • 11.10 If a return, exchange, or cancellation arises due to the partner organization's fault, information discrepancy, or quality defect, the partner organization is responsible for the related damage and costs.

TWELVE. PROMOTIONS, DISCOUNTS, AND COUPONS

  • 12.1 WinU may offer users promotions, discounts, coupons, points, gift cards, and other activation services.
  • 12.2 WinU determines and notifies users of the validity period, usage terms, restrictions, returns, and other conditions for promotions, discounts, coupons, points, and gift cards.
  • 12.3 Promotions, discounts, coupons, points, and gift cards may not be used unlawfully, fraudulently, to create artificial transactions, or by transferring them to others.

THIRTEEN. PAID SERVICES AND ADVERTISING

  • 13.1 WinU may offer partner organizations paid services such as featuring products and services, placing advertisements, marketing activation, and other paid services.
  • 13.2 WinU determines the price, duration, placement, scope, and other conditions of paid services on a case-by-case basis.
  • 13.3 When a partner organization purchases a paid service, the service becomes active after the organization reviews the service terms and confirms payment.
  • 13.4 Third-party advertisements and product or service information may appear on the WinU platform. This does not mean that WinU has verified, recommended, or granted preference to those products or services.
  • 13.5 WinU is not responsible for third-party products, services, advertisements, links, or any damage or disputes related to them.

FOURTEEN. CONFIDENTIALITY AND INFORMATION SECURITY

  • 14.1 WinU maintains the confidentiality of users' personal and financial information and does not transfer it to third parties except as provided in these Terms of Service, the Privacy Policy, or the law.
  • 14.2 WinU implements necessary technical, software, and organizational protection measures to ensure information security.
  • 14.3 WinU may use user information on grounds provided by law, at the request of authorized authorities, with user consent, or as necessary to provide services.
  • 14.4 The user must protect the user's account, password, verification codes, and payment information.
  • 14.5 WinU is not responsible for damage arising from the user's wrongful acts, negligence, or disclosure of information to others.

FIFTEEN. INTELLECTUAL PROPERTY

  • 15.1 The WinU name, logo, trademark, design, structure, software, database, images, videos, text, and content are the property of Koso Line LLC.
  • 15.2 It is prohibited to copy, reproduce, modify, distribute, imitate, or use WinU intellectual property for profit without the organization's written permission.
  • 15.3 The partner organization must legally own or have the right to use intellectual property rights in images, videos, text, logos, and other content it posts.
  • 15.4 In the event of an intellectual property infringement, the responsible party shall bear liability under applicable law.

SIXTEEN. COMPLAINTS AND DISPUTE RESOLUTION

  • 16.1 Users and merchants have the right to submit feedback and complaints related to the WinU platform, orders, payments, delivery, returns, products, and services through WinU's official channels.
  • 16.2 The complainant must attach the order number, payment receipt, photos, videos, explanation, and other evidence related to the complaint.
  • 16.3 WinU may receive complaints, request explanations and evidence from relevant parties, verify information, and provide technical and organizational support.
  • 16.4 The partner organization, as the primary responsible party, resolves disputes with users concerning product and service quality, warranty, delivery, return, and exchange.
  • 16.5 The parties shall seek to resolve disputes by mutual agreement. If resolution by agreement is not possible, the dispute shall be resolved by the competent authority or court in accordance with applicable laws of Mongolia.

SEVENTEEN. INVESTIGATION OF VIOLATIONS AND MEASURES

  • 17.1 WinU may investigate potential violations of the Terms of Service by users and merchants on the following grounds.
  • 17.1.1 WinU internal control and risk assessment;
  • 17.1.2 Complaints, feedback, or requests from users, partner organizations, or third parties;
  • 17.1.3 Notices received from banks, financial institutions, or payment service providers;
  • 17.1.4 Requirements, decisions, notices, or official requests from law enforcement or authorized authorities.
  • 17.2 During an investigation, WinU may temporarily suspend the account, orders, payments, WinU account spending, and the right to receive income of the user or partner organization.
  • 17.3 If a violation of the Terms of Service is established, WinU may take the following measures individually or jointly.
  • 17.3.1 Warn, temporarily suspend, restrict, or permanently close the account;
  • 17.3.2 Hide, require correction of, or delete product or service information;
  • 17.3.3 Restrict orders, transactions, and service rights;
  • 17.3.4 Temporarily hold payments accumulated in the WinU account and deduct erroneous or unjustified transactions;
  • 17.3.5 Require compensation for damage and costs incurred;
  • 17.3.6 Transfer relevant information to law enforcement authorities for investigation;
  • 17.3.7 Notify third-party service providers, banks, and financial institutions of relevant information.
  • 17.4 A user or partner organization whose account has been closed or whose service rights have been restricted due to violation of the Terms of Service is prohibited from registering again or receiving services under another name.

EIGHTEEN. LIABILITY

  • 18.1 The user and partner organization are fully responsible for any damage caused to WinU, other users, partner organizations, or third parties due to violation of the Terms of Service.
  • 18.2 If products or services posted by a partner organization cause harm to a person's life, health, or property, the partner organization bears the relevant liability alone.
  • 18.3 If unlawful or wrongful acts of the user or partner organization cause WinU to face liability from government authorities, contractors, or third parties, contract termination, fines, additional costs, or similar consequences, the responsible party shall compensate the related damage and costs.
  • 18.4 WinU is not obligated to fully guarantee the quality, warranty, supply, delivery, legality, or accuracy of information provided to users regarding a partner organization's products or services.
  • 18.5 WinU is not responsible for damage arising from the user's entry of incorrect information, erroneous use of payment information, disclosure of passwords or verification codes to others, or failure to fully review product and service information.

NINETEEN. FORCE MAJEURE

  • 19.1 Force majeure includes war, armed conflict, unrest, natural disasters, fire, flood, earthquake, quarantine, pandemic, decisions of government authorities, border and customs delays, transportation delays, electricity, network, software, or technical equipment failures, cyberattacks, and other circumstances beyond the parties' control.
  • 19.2 If force majeure occurs, the period for performing obligations is postponed for the duration of the relevant circumstances.

TWENTY. OTHER TERMS

  • 20.1 WinU may amend or supplement the Terms of Service and will notify users and organizations of the updated terms through the application, website, and other official channels.
  • 20.2 Additional terms related to the introduction of new products and services form an integral part of these Terms of Service.
  • 20.3 The user and partner organization must review and comply with the Terms of Service and any amendments or supplements each time they are made.
  • 20.4 The user and partner organization are responsible for consequences arising from failure to review or understand the Terms of Service.
  • 20.5 Relations related to these Terms of Service shall be governed by the laws of Mongolia.