Winner People Terms & Conditions
Terms of Use
LAST UPDATED: 25 January 2026
Welcome to Winner People
“Winner People” (the “Service”) is a digital content service that provides you with a personalised user experience. It includes the Winner People website (the “Website”), applications (the “App”), and associated software including all features, functionalities and user interfaces, such as recommendations. The Service allows you to access and view content and materials, such as images, photos, sounds, music, text, graphics, logos, software, videos, programmes, live streams and channels (collectively, “Content”).
The Service is made available by Winner People a company incorporated in Cyprus with company number HE 478921 whose registered office is at Kallipoleos 44, 3rd Floor, Nicosia, Cyprus (“Winner People”, “we”, “us”, “our”).
These Terms of Use apply in respect of the Service made available in the countries and territories listed at Appendix 1 (each such country/territory as applicable being a “Territory”). For more information on the personal data we collect from you to provide the Service, how we collect, store, use and share your personal data, please read our Privacy Notice available at https://winners.kristech.co.il/privacy-policy.
1. ACCESS TO THE SERVICE
1.1 To access the Service, you must:
(a) register an account (“Account“) (see Section 3);
(b) have an active Subscription (as defined in Section 4.1(a)) (although some Content may be available to you without a Subscription);
(c) use a Supported Device (see Section 7.1 – Compatible devices and updates) with a high-speed connection to the internet; and
(d) be located in the Territory in which you subscribed to the Service (although in certain circumstances, you may also be able to watch the Service whilst abroad (see Section 7.5 – Using the Service abroad)).
1.2 In some territories, limited Content may be available to view on the Service without registering an Account and/or signing up to a Subscription.
1.3 Access to certain Content may depend upon your Subscription plan, geographic location, whether you are able to maintain an internet connection, or sufficient bandwidth and the equipment used to access the Service.
2. AGE LIMITATIONS
2.1 You must be at least 18 years old to sign-up for an Account and a Subscription.
2.2 Persons under 18 may access the Service only under the supervision of a parent or legal guardian and through the parent or legal guardian’s Account, as otherwise subject to these Terms of Use.
2.3 You acknowledge that the Service contains a range of Content, some of which may not be suitable for children. It is your sole responsibility to determine whether the Content on the Service is suitable for you and anyone using the Service through your Account.
3. ACCOUNT INFORMATION
3.1 When creating your Account or purchasing a Subscription, you must provide true, accurate and complete information to us, including contact details which allow us to contact you easily and quickly. You may be able to use an account you already hold with a third-party platform or other partner to create an Account, such as your login details with a social media service.
3.2 You agree to keep your Account login credentials (including any contact details and payment details) up to date and accurate at all times while using the Service. We are not responsible for any losses or issues arising as a result of any inaccurate Account information provided to us by you.
4. YOUR SUBSCRIPTION
4.1 Types of Subscriptions
(a) You may be able to access different types of subscriptions on or via the Service (each a “Subscription”).
(b) Subscriptions may (amongst other things) offer different Content, functionality, features, device compatibility or have certain conditions or limitations.
(c) Content and Subscriptions to the Service may contain promotional trailers for other Winner People content, advertising, sponsorship and product placement, which may vary in frequency, volume and nature over time, depending on the type of Subscription you sign up to and/or the Content viewed. Subscriptions described as ad-free may still feature advertising breaks in live Content.
(d) You must not prevent, or attempt to prevent, the display of advertisements on the Service, or use any ad blocker or similar tool. If you do not comply with this requirement then we may, on reasonable notice to you:
- (i) suspend or terminate your Subscription; or
- (ii) give you the option of moving to an alternative Subscription on a specified date, at the then-current price of that alternative Subscription. If you opt out of changing your Subscription plan and continue to prevent the display of advertisements on our Service, then we may suspend or terminate your Subscription.
4.2 Plan switching
(a) If you sign up to a Subscription to the Service on our Website and wish to change it by upgrading: (i) your new upgraded Subscription will start as soon as you complete the upgrade process; (ii) any remaining free trial period will be lost; and (iii) any Promotional Offer that applies to your current Subscription may not apply to your new upgraded Subscription. When you upgrade, any unused days from your current Subscription will be credited towards the cost of your new Subscription. If you signed up to your Subscription through our App,[NW1] via a third-party partner or another company within the same group as Winner People (an “Affiliate“), please refer to your app store provider, the third party or Affiliate for further details on the availability, process and consequences of an upgrade.
(b) If you sign up to a Subscription to the Service on our Website and wish to change it by downgrading: (i) you will only be able to do this after your free trial period ends; (ii) your new downgraded Subscription will start at the end of your current billing period; and (iii) any Promotional Offer that applies to your current Subscription may not apply to your new downgraded Subscription. If you signed up to your Subscription through our App, via a third party partner or an Affiliate, please refer to your app store provider, the third party or Affiliate for further details on the availability, process and consequences of a downgrade.
4.3 Information about your Subscription
(a) If you sign up to a Subscription on our Website or on our App, details of the type of plan, the price, currency and whether the Subscription auto-renews will be provided to you before you complete your sign-up. If you have signed up to your Subscription on our Website, you can also access details about your Subscription and will be able to manage it at any time by going to your Account. If you have subscribed on our App, you can access details about your Subscription and will be able to manage it at any time by going to your app store account. If you have a Subscription and did not sign up on our Website or through the App, you will need to refer to the relevant third party or other service for more information about how your Subscription behaves and, how to manage it.
(b) If you are looking for more information about your Subscription, you should contact our call centre. Our advisers will be able to help you with:
- (i) further details of the features of each type of Subscription sold on our Website or on our App, including how to turn off auto-renew (if applicable) and cancellation;
- (ii) (if available in your Territory) information on: (i) switching, upgrading or downgrading from one Subscription sold by us, or type of access, to another; or (ii) purchasing additional services, including any impact on your billing arrangements;
- (iii) (if available in your Territory) information on any other services you may sign-up to, access or pay for via our Website or App (e.g. where access to another Winner People service, or a third party service, is bundled with your Subscription to the Service) and how to add such services to your Account for payment, billing and cancellation purposes; and
- (iv) (if available in your Territory) information on how to line up a new Subscription sold by us to start when your current subscription period comes to an end, including eligibility requirements and the impact on your current Subscription.
4.4 Renewal of your Subscription
Certain Subscriptions automatically renew unless you cancel your Subscription before your next renewal date (or before the end of any free trial period or Promotional Offer period that covers the full cost of your Subscription). See Section 4.8 (Cancellation) for more information on how to cancel and when cancellation takes effect.
4.5 Free trial period
(a) Your Subscription may start with a free trial period. Free trial periods are available to new subscribers only (one per subscriber). We will inform you of the specific duration of any free trial period at the point of sign-up. You may not register (or attempt to register) multiple times for a free trial period using multiple names, addresses, email addresses or other means.
(b) You will need to provide a valid payment method at the point of sign-up and will be charged automatically at the end of your free trial period, unless you cancel your Subscription before the expiry of such period.
4.6 Promotional Offers
(a) Winner People, its Affiliates and/or our third-party partners may make available promotional codes, discounts or other offers which may provide you with discounted access to the Service or access to the Service at no cost to you (“Promotional Offers”).
(b) Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by Winner People (or an Affiliate) or with the products or services of one of our third-party partners.
(c) You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details, including: (a) who is eligible to take up the Promotional Offer; and (b) whether restrictions apply on combining a Promotional Offer with a free trial period, or with any other Promotional Offer. You may take advantage of any “new customer” Promotional Offer only once.
(d) You may not register (or attempt to register or otherwise benefit) multiple times from the same Promotional Offer using multiple names, addresses, email addresses or other means.
(e) Where a Promotional Offer is provided by a third-party partner or an Affiliate, you may also be required to agree to the third-party partner’s or Affiliate’s terms and conditions.
(f) If you are eligible for a Promotional Offer involving a discount, your Subscription payments will be reduced based on the terms of that Promotional Offer. After the discounted promotion period, the then regular price of that Subscription will apply.
(g) If you are eligible for a Promotional Offer that covers the full cost of your Subscription, you will still need to provide a valid payment method at the point of sign-up and will be charged automatically at the end of your promotional period unless you cancel your Subscription before the end of that period.
(h) Where a new or subsequent Promotional Offer is made available after you have signed up to your Subscription, no retrospective refunds, adjustments or price protection will be applied to your payment in light of that Promotional Offer.
4.7 Billing
(a) The length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe.
(b) Payment will be taken automatically:
- (i) at the start of your Subscription (or at the end of any applicable limited free trial period or Promotional Offer period that covers the full cost of your Subscription unless you have cancelled your Subscription before the end of the trial or Promotional Offer period); and
- (ii) at the start of each billing period, if you have a recurring Subscription,
in all cases, unless you cancel your Subscription in advance of the next billing date.
(c) If you sign up to a Subscription directly from us, you authorise us to charge the payment method chosen by you when you first subscribed or any updated payment method you provide after you subscribed with the cost of your Subscription (“Primary Payment Method”). You may have the option to set up multiple payment methods (each of these is called a “Backup Payment Method” in these Terms of Use) associated with your Account. In the event you submit multiple Backup Payment Methods, you authorise Winner People to charge any such Backup Payment Method in the event the Primary Payment Method fails or cannot be charged for any other reason.
- (i) When providing a Primary Payment Method on sign-up (or by updating it subsequently) or if you have the option to add a Backup Payment Method on your Account, a nominal charge may be temporarily taken for verification purposes.
- (ii) Changing your Primary Payment Method or your Backup Payment Method may adjust the day upon which we usually take payment for your Subscription renewal.
- (iii) You must not provide a Primary Payment Method or Backup Payment Method without authorisation from the relevant owner.
(d) If you sign up to any Add-Ons, such Add-Ons will be charged separately and in addition to any of your other active Subscriptions. Add-Ons may have different billing cycles to your other Subscriptions.
(e) If a payment fails, because your Primary Payment Method has expired or it is declined, you have insufficient funds, or otherwise, and you do not provide a valid Backup Payment Method or cancel your recurring Subscription, we reserve the right to suspend access to your Subscription and/or your Account until we (or the relevant third party) have obtained a valid payment method. In these circumstances:
- (i) you authorise us to re-attempt the charge that was declined one or more times using the Primary Payment Method or any Backup Payment Method associated with your Account; and
- (ii) following this, we may terminate your Subscription after we have provided written notice to you.
(f) We use other companies (including Affiliates), agents and contractors to process card transactions and other payment methods. For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Charges imposed by the relevant issuer (and any taxes applicable to such charges) may vary depending on the payment method used. You will be solely responsible for any such charges (and any taxes on such charges) which may apply. Check with your payment provider for details.
(g) To view your billing information or to update or change your payment method, go to your Account (unless you are paying via a third party or through another service, for example via Apple, Google or another of our third party partners, in which case see Section 4.10 (Access or sign-up via third parties or Affiliates) below).
4.8 Cancellation
(a) Where you have signed up to a Subscription directly with us:
- (i) you can manage or cancel your Subscription by going to your Account at www.winnerspeople.com/account
- (ii) if you cancel your recurring Subscription in your Account:
- (A) you will be able to continue to use your Subscription until the cancellation takes effect;
- (B) cancellation will take effect:
- (i) for free trials, at the end of the free trial period;
- (ii) at all other times, including where a Promotional Offer applies to your Subscription, at the end of your current billing period;
- (C) you will not be refunded for any fees you have paid. However, there are certain circumstances in which you may be legally entitled to a refund, which are set out in these Terms of Use; and
- (iii) if you cancel a Subscription with Add-Ons, your access to the Add-On will automatically come to an end when the Subscription expires. Additional terms (including refund rights) may apply on cancellation of a Subscription with Add-Ons.
(b) The cancellation terms in this Section 4.8 (Cancellation) do not impact or undermine your legal “right of withdrawal”, which is described in Section 4.9 (Right of withdrawal), your rights in the context of a Major Change (as defined below) or your rights in relation to any legal guarantee regarding the Service that you benefit from, as referenced in Section 14 (Our liability to you).
(c) If you signed up for a Subscription that is set to auto-renew through a third party (for example, via an app store or one of our third-party partners) and wish to cancel it, you must follow the instructions for cancellation provided by such third-party. For further details concerning your cancellation rights, see Section 4.10 (Access or sign-up via third parties or Affiliates).
(d) If you signed up for a Subscription via an app store, you may also have the option to delete your Account via the App. To do so, you will first need to cancel your auto-renewing payments with your app store. Deletion of your Account will mean: (i) you will permanently lose access to your Account, any profiles associated with it and viewing preferences; (ii) you will lose access to the Service immediately; and (iii) you will not be entitled to a refund from Winner People in relation to the remainder of your billing period, although you may be able to request a refund from your app store (subject to their terms and policies).
4.9 Right of withdrawal
(a) You have a legal right to withdraw from your contract with us within 14 days of sign-up, unless paragraph (c) applies.
(b) Instructions on how to exercise this right, the consequences of exercising this right (including details of any amounts owed to us for the period from the beginning of your contract up to and including the day prior to your exercise of your right of withdrawal) and a model form that you can use are set out in Appendix 2.
(c) Where you expressly request immediate access to your Subscription, you will be required to expressly acknowledge that, once access is provided, you will lose your statutory 14-day right to withdraw from the contract.
(d) Where you have made such an express request and acknowledgement, your statutory right of withdrawal will not apply, and Appendix 2 will not apply to you. Your separate contractual right to cancel under Section 4.8 remains unaffected.
4.10 Access or sign-up via third parties or Affiliates
(a) Other than in relation to Add-Ons (details of which are set out below), if you sign up for, access, or pay for a Subscription (including as part of a bundle) through a third party (e.g. an app store, platform or other streaming service) or Affiliate enabling access to Content via the Website or App, separate terms and conditions will be agreed with you and will apply to such sign-up, access or payment in addition to these Terms of Use (“Additional Terms”).
(b) If you are paying for a Subscription via a third party or an Affiliate, or via another service, and wish to cancel or change your payment method, you will need to do so through that third party, Affiliate or other service. Where there is any inconsistency between the provisions dealing with payment, billing and cancellation rights in the Additional Terms and these Terms of Use, the provisions in the relevant Additional Terms will apply.
(c) If you have access to the Service through a bundled subscription provided by a third party or an Affiliate, or via another service, that third party or Affiliate may decide to change the characteristics, features, structure, price or other terms relating to that bundled subscription from time to time. These changes do not constitute a change to our Service or these Terms of Use, and the terms and conditions of the relevant third party or Affiliate will govern such changes (including in relation to notices, cancellation and refunds resulting from those changes).
4.11 Add-Ons
(a) You may be able to sign-up or gain access to an additional Subscription as an Add-On only at the point of sign-up to, or following the sign-up to, an underlying Subscription to the Service.
(b) Additional terms and information applicable to Add-Ons (such as the charges, billing dates and cancellation rights) may be disclosed during sign-up.
4.12 Third party or Affiliate additional services
(a) You may be able to sign up, access or purchase another Winner People service, or services operated or made available directly by a third party or Affiliate, via our Website or App (including as a standalone Subscription or bundled with a Subscription for the Service).
(b) In these circumstances, separate terms and conditions will be agreed with you in addition to these Terms of Use.
5. CHANGES
5.1 Price changes
(a) We may change the price of our Subscriptions from time to time.
(b) We may increase our prices where: (i) we make improvements to the Service, Website or App; (ii) we invest in, update or improve our Content or the operation of the Service; (iii) we make updates to the Service to respond to changes in market conditions and/or market practice; (iv) events occur which are outside of our control, such as a fire, flood or storm; and/or (v) relevant to ensure compliance with applicable laws and/or to reflect changes in relevant laws and regulatory requirements.
(c) In addition, we provide our Service on an on-going basis, and we cannot foresee what may change in the future. This means we may increase our prices for any reasons other than those set out above.
(d) We will provide you with at least thirty (30) days’ notice of any price change that applies to your Subscription. Price changes will not come into effect during your current billing period, so will only apply on renewal (if you have a Subscription that auto-renews). If you do not wish to continue your Subscription at the new price, you may cancel it before the start of the next billing period as described in Section 4.8 (Cancellation).
(e) If you have signed up to a Subscription through one of our third-party partners or another service, price changes may be subject to or governed by the separate terms of that third party.
5.2 Content changes
(a) The Service will provide you with access to a selection of Content. This Content may change from time to time so that new content may become available whilst existing content will be withdrawn. The availability of Content may also change where third-party rights-holders withdraw or restrict our right to use that Content on the Service, or for legal or regulatory reasons.
(b) We may make content recommendations for you based on how you use the Service, but you alone decide what you want to watch from the available Content.
5.3 Updates and changes to the Service
(a) We may regularly make updates and changes to any element of the Service, including its features and functionalities.
(b) Changes to the Service might be made to: (i) comply with legal or regulatory requirements; (ii) fix bugs, implement technical adjustments and make improvements; (iii) upgrade or amend the Service; (iv) alter the structure, design or layout of the Service; (v) meet testing, security and anti-piracy requirements; and (vi) reflect changes to our business.
(c) In addition, we provide our Service on an on-going basis, and we cannot foresee what may change in the future. This means we may change the Service for any reasons other than those set out above.
(d) If we make any significant changes to the Service which will materially disadvantage you (“Major Change”), we will notify you at least 30 days’ in advance of the Major Change taking effect and allow you to cancel your Subscription (at no cost to you) within this period. If a Major Change takes effect during your current Subscription and you choose to cancel, we will refund any amounts you have paid for your Subscription but not yet received from the date of the Major Change. If you do not cancel before the Major Change has taken effect, we will take that as your acceptance of the changes.
(e) Unless we have expressly committed otherwise, the addition and removal of Content as described in Section 5.2 (Content changes) and any addition or increase in advertising or related commercial material does not constitute a change to the Service (or any particular Subscription plan) or its scope of functions within the meaning of this Section 5.3.
(f) There may be times when the Service is temporarily restricted or unavailable to you, including due to equipment malfunctions not caused by us, routine maintenance that may temporarily interrupt the Service, or where we need to perform urgent maintenance to support your continued use of the Service or if this is necessary with regard to the security, integrity and capacity limits of the Service. Such changes shall not be considered a Major Change provided that such changes are reasonable and do not restrict your use of the Service for a significant time.
5.4 Updates to these Terms of Use
(a) We have the right to make changes to these Terms of Use at any time for the following reasons: (i) to correct errors, fix broken links or references, (ii) to improve clarity and/or understanding, (iii) to add additional information about the Service; (iv) where we make changes to the Service or our Subscriptions; (v) to comply with legal or regulatory requirements; (vi) where we reorganise the way we run our business, including merging with another brand or service; and/or (vii) to address security or privacy needs.
(b) In addition, we provide the Service on an ongoing basis and cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above, provided that such amendments are reasonable.
(c) If we change these Terms of Use in a way that will impact your legal rights or obligations, where possible we will inform you and give you the opportunity to read the new terms before such changes take effect, unless an update needs to be implemented quickly to reflect a sudden change to the Service, our business, or for security, legal or regulatory reasons (in which case we will inform you of the changes as soon as we can).
(d) If we reasonably consider that any change to these Terms of Use will materially disadvantage you, we will provide you with at least 30 days’ notice of these changes and explain how to let us know if you refuse to accept the new terms.
- (i) If you refuse to accept the new Terms of Use before the changes are due to take effect, the version of the Terms of Use that you previously accepted will continue to apply to your use of the Service until cancellation of your Subscription has taken effect.
- (ii) If you do not refuse to accept any such changes before they take place, we will take that as your acceptance of the changes.
(e) The most up to date version of the Terms of Use will always be available on the Website and App from its effective date.
6. ADDITIONAL CHARGES
You are responsible for connection costs, i.e. those charged to you by your respective providers in connection with your internet access or mobile data. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data. Your mobile phone operator’s standard messaging rates may apply for any SMS messages you receive from us.
7. SERVICE FUNCTIONALITY
7.1 Compatible devices and updates
(a) Availability and functionality of the Service depends on the quality of your internet connection (see Section 7.2 (Quality of Service) below for further information), the type of Subscription you have chosen, any restrictions imposed by our commercial partners (including in relation to the rights granted to us) and whether you have a compatible device and operating system. The Service, or some features of the Service, may not be available on all devices and/or on all operating systems (or all versions of such devices and operating systems). Please call our Help Centre before purchasing a Subscription and during your contract to see the full list of supported devices and operating system requirements for the Service.
(b) To get the best experience and to ensure the Service operates correctly, we recommend that you accept any updates to the Service that we inform you about as and when they become available. This may also require you to update your device operating system.
(c) As and when new operating systems and devices are released, we may over time stop supporting older versions. We will inform you of these changes as soon as is reasonably practicable. You can find out about the current list of supported devices and operating system requirements by calling our Help Centre.
(d) Your use of any updates, modifications to, or replacement versions of the Service will be governed by these Terms of Use and any additional terms you agree to when you install such update, modification, or replacement version.
7.2 Quality of Service
(a) The sound and video quality of Content, and the time it takes to begin playback, may be affected by the format of the Content, your location, the speed and bandwidth of your internet connection or mobile data service, the device used and its configuration.
(b) The Content available will vary depending on the rights available in your Territory.
(c) Live Content (including linear channels) may be available in certain Territories and may be subject to blackouts, device-specific or rights limitations. Where other restrictions apply, we will advise you of these. Blackouts will be applied based upon the city or region in which you are trying to access the Service and we may use different technologies and methods to verify your location at the time of access to the live Content.
7.3 Maximum Streams
You may be able to watch Content on multiple devices at the same time. However, the number of simultaneous streams permitted is dependent on your Subscription. You can find details of these restrictions, which may be updated from time to time, in our Help Centre.
7.4 Temporary Downloads and Offline Viewing
Some of the Content on the Service may be available for temporary download and offline viewing (“Downloads”) but this is limited to specific supported devices and only available with certain Subscriptions. Limitations will apply, including but not limited to: (a) restrictions on the total number of Downloads per Account; (b) the maximum number of devices that can hold Downloads; (c) the maximum number of times you can download each movie or show across multiple devices; (d) the time period within which you will need to begin viewing Downloads; (e) the time period you have to finish watching a Download if you pause your stream after you have begun watching the Content; and (f) how long Downloads will remain accessible. Downloads may not be available to play outside the Territory in which you subscribed. If you cancel your Subscription, or we no longer have the necessary rights to the downloaded Content, access to such Downloads will automatically expire. Please call our Help Centre for more information.
7.5 Using the Service abroad
Where permitted by us and at our sole discretion, you may be able to access the Service from locations other than the Territory in which you subscribed, though we do not guarantee or commit to this and if we do provide you with such access, the Service made available in those countries and/or territories may differ in Content, features and functionality from the Service you access with your specific Subscription in the Territory in which you subscribed. Call the Help Centre for more information about access to the Service when you are abroad.
8. INTELLECTUAL PROPERTY; LICENSE
8.1 The Service and all Content made available through it are protected by copyright, trademark and other intellectual property laws in the United Kingdom and elsewhere. You agree to comply with all applicable intellectual property laws, notices and restrictions. All Content is owned by us or by our third-party licensors.
8.2 Except as expressly permitted under these Terms of Use, you may not use any intellectual property rights belonging to us or to any third party. No rights, title or interest in or to the Service or the Content are transferred to you, other than the limited licence expressly granted under these Terms of Use.
8.3 You must not remove, obscure, modify or otherwise interfere with any copyright notices, trademarks or other proprietary notices displayed on or in connection with the Service or any Content.
8.4 During the term of your Subscription and within the applicable Territory, we grant you a personal, limited, non-exclusive and non-transferable licence to access and use the Service solely for your own non-commercial, private purposes, including streaming, viewing and (where functionality permits) temporarily downloading Content.
All rights not expressly granted to you are reserved by us and our licensors, and no ownership rights in the Service or the Content are transferred to you as a result of your access or use.
8.5 In addition, except as expressly authorized by us in writing, you are strictly prohibited from:
(a) modifying Content;
(b) creating, distributing or advertising an index of any significant portion of the Content; or
(c) creating adaptations, derivative works or other materials based on or derived from the Content, including compilations, mash-ups, edited videos, translations or similar works, whether for commercial or non-commercial purposes.
8.6 Without prejudice to the restrictions above, you must not attempt to bypass, disable, interfere with or otherwise compromise any technical measures used to protect the Service or the Content, including:
(a) any portion of the video player on the Service (the “Video Player”);
(b) any of the Video Player’s underlying technology; or
(c) any digital rights management tools, access controls or other security mechanisms incorporated into the Service, including any media or video player technology.
This includes (without limitation) any attempt to reverse engineer, disable or circumvent such measures in order to access, view or display Content in a manner not authorised by us.
8.7 In the event of a material and/or repeated infringement of this Section 8, we may, without the need for prior court or arbitral approval, block your access to the Service, your Account and/or terminate any Subscription you may have and pursue any rights or remedies available to us.
8.8 We expressly reserve all rights to prevent or restrict any unauthorised text and data mining, automated extraction or similar activities in relation to the Service or the Content.
8.9 Nothing in this Section 8 is intended to restrict any rights you may have under applicable law.
9. ACCEPTABLE USE
9.1 Without limiting any other provision in these Terms of Use, you agree not to do the following, or assist any third party to do the following:
(a) copy, reproduce, record, stream-capture, publish, distribute, transmit, publicly display, perform, sell, rent, lend, license or otherwise make available any part of the Service or the Content, except to the limited extent expressly permitted under these Terms of Use;
(b) access the Service, create an Account or subscribe to a Subscription using any virtual private network, proxy, anonymisation service or similar mechanism designed to conceal or misrepresent your location or identity;
(c) frame, embed or incorporate the Service or any Content into any other website, application, platform or audio-visual service, display the Service or Content alongside unauthorised branding, or otherwise present the Service or Content in a way that falsely suggests endorsement, partnership or association with any third party or that may deprive us of revenue;
(d) interfere with, disrupt, degrade or adversely affect the operation of the Service or the ability of any other user to access or enjoy the Service;
(e) modify, adapt, translate, disassemble, decompile, reverse engineer or otherwise attempt to derive the source code of any software or technology used to provide the Service or included in the Content;
(f) collect, extract or harvest personal data or Account information relating to any other user of the Service without proper authorisation;
(g) use bots, scrapers, spiders, automated tools or manual processes to access, extract, index, scrape, data-mine or otherwise reproduce or bypass the navigational structure, technical protections, geo-filtering or digital rights management measures of the Service or the Content;
(h) use the Service or any Content to establish, operate or support any business, commercial activity or enterprise, whether for profit or otherwise, unless expressly authorised by us in writing;
(j) access any part of the Service that you are not authorised to access, attempt to gain access to another user’s Account, or share, disclose or permit the use of your Account credentials by any other person, except as expressly permitted under these Terms of Use.
9.2 You must not permit use of your Account by anyone other than people who live permanently at your primary personal residence.
9.3 You may be able to create multiple profiles under your Account. If you do so, you remain responsible for all activities that are carried out through your Account, regardless of which profile they are under, unless the activities are carried out by unauthorised third parties and you are not responsible for it. You acknowledge that we impose limits on the number of profiles you can create.
10. USER SUBMISSION
10.1 The Service may allow you to submit, transmit or upload audio, video, text or materials (“User Generated Content“) or feedback or other comments (“Feedback“) (together “User Submissions“). You are responsible for any User Submissions submitted, transmitted or uploaded by you.
10.2 You agree that you have all necessary rights to your User Submissions and that your User Submissions shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties.
10.3 You promise that your User Submissions will not contain any: (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) comments or actions which promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (d) sexual innuendo, sexual language or sexual acts, actions or gestures; (e) promotion of any illegal unlawful activity such as drug use; (f) content which is tortious, defamatory, slanderous or libellous; (g) message that appears to be an advertisement or solicitation to buy; or (h) materials (whether written or visual) that directly or indirectly relate to our competitor brands.
10.4 We do not endorse or guarantee the accuracy of User Submissions by other users, which you may encounter via our Service.
10.5 We may remove User Submissions if the User Submission is in breach of these Terms of Use or is otherwise in breach of applicable laws.
10.6 We are not responsible for the storage or deletion of your User Submissions, or the use of your User Submissions by any third party.
11. UNSOLICITED SUBMISSIONS
We do not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is our policy to delete any such submission without reading it and any such submission will not be treated as confidential information. Any similarity between an unsolicited submission and any elements in any creative work on the Service would be purely coincidental. Any unsolicited submissions are not treated as User Submissions (described above) and we do not claim ownership in any such unsolicited submissions, and you agree that you do not have any right to compensation or credit of any kind in relation to the same.
12. THIRD PARTY CONTENT
12.1 We may provide third party content (including advertisements) or links to third party websites on the Service. We have no control over, and assume no responsibility for, the availability, content, privacy policies, or practices of any third-party websites. We do not endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions. We are not responsible for those external third-party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence or any advertising, products or other materials on, or available from, such websites or resources.
12.2 Any interactions you may have with a third party as a result of using our Service will be between you and the third party. We are not responsible for any transactions with third parties or the provision of your personal information to such third parties.
12.3 In certain instances, you may be able to connect and/or link your Account to one of our third-party partners and/or certain third-party social media sites (“Social Media Sites”), including, without limitation, Facebook and X (formerly known as Twitter). If you connect to our Service through one of our third-party partners or a Social Media Site, the third-party partner or the Social Media Site will collect your information separately from us. You should review the third-party partner or Social Media Site terms of service and privacy policies to understand how they are using your information and your rights in relation to such information.
13. ENDING YOUR RIGHT TO USE THE SERVICE
13.1 We can end our agreement with you (and consequently end your right to use all or part of the Service) or suspend your right to access all or any part of the Service at any time:
(a) on at least 30 days’ prior notice if we discontinue all or any part of the Service, including your Subscription plan (unless we need to discontinue the Service (or any part of it) more quickly for urgent security, technical or legal reasons, including in order to comply with a court order or due to a corporate restructuring). If we discontinue a part of the Service you have subscribed to, we will provide you with a refund for any amounts you have paid us for the Service but not yet received;
(b) immediately on notice to you if: (i) you have breached these Terms of Use and (if it could be remedied) have not remedied that breach despite having been previously warned by us or instructed to remedy the breach; or (ii) if you use the Service or any part of the Service fraudulently, illegally or in any manner other than for its intended purposes;
(c) immediately on notice (unless we reasonably consider that giving advance notice may be in violation of applicable law, regulations or codes of practice), where we are under an obligation to do so under applicable law, regulations or codes of practice; or
(d) on reasonable notice to you for any reason other than those set out in (a) to (c) above, provided that if you have an active Subscription directly with us we will ensure that you either: (i) have access to your Subscription for the remainder of your subscription period; or (ii) get a refund for the remaining portion of your subscription period after the date on which our agreement ends.
Your cancellation rights are set out in Section 4.8 (Cancellation).
13.2 If we end your rights to use the Service, your Account or your Subscription you must stop all activities authorised by these Terms of Use.
14. OUR LIABILITY TO YOU
14.1 Unless caused by our negligence or own breach, we are not responsible for:
(a) any use by you of the Service or Content which isn’t authorised by us under these Terms of Use, including loss of profits if you attempt to use or display the Service for any commercial purpose;
(b) any malfunction or interruption to the Service or Content due to circumstances outside of our control that prevent us from fulfilling our obligations to you. This could be due to things such as: (i) lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action; or (ii) other actions of third parties we do not control;
(c) any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to:
- (i) malfunctions or faults in your chosen equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);
- (ii) your failure to download or install any update or the most recent published version of the Service;
- (iii) your failure to download or install any update to your chosen device, operating system or third party software;
- (iv) unpredictable and insurmountable actions by third parties referred to in Sections 4.10 and 4.12 (for example an app store or one of our third-party partners); or
- (v) your internet connection not meeting the minimum bandwidth and/or speed requirements as detailed in the Help Centre.
(d) incompatibility of any part of the Service or Content with any devices or operating systems other than those supported as listed in our Help Centre.
15. TRANSFER OF RIGHTS, SEVERABILITY AND WAIVER
(a) The agreement between us and you is personal to you and no third party is entitled to benefit from the rights granted to you under it. You may not transfer these Terms of Use or your rights and obligations in these Terms of Use to anyone else. You agree that we can transfer our rights and obligations under these Terms of Use to any Affiliates or to any other company or firm or person provided that your Subscription and rights under this agreement will not be adversely affected as a result of such transfer.
(b) We always have the right to transfer this agreement when we reorganise our business or ownership structure, including as a result of an acquisition, merger or joint venture, or other separation of the business.
(c) If any paragraph or section, or if any part of a paragraph or section of these Terms of Use is held to be unlawful, invalid or unenforceable by a court or legal authority, that paragraph or section, or any part of that paragraph or section shall be treated as removed. The validity and enforceability of the remaining parts of these Terms of Use shall continue and will not be affected.
(d) To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.
16. CONSUMER RIGHTS
Nothing in these Terms limits or excludes any consumer rights that cannot be limited or excluded under applicable law.
17. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
(a) These Terms of Use and any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws of England and Wales.
(b) Any dispute between us can be referred to the courts of England. As a consumer, if you live in Wales, Scotland or Northern Ireland, you have the right to refer the matter to a competent court of law where you reside.
18. CONTACT US
Our customer service department can resolve most customer queries, concerns or complaints regarding the Winner People service quickly and to the customer’s satisfaction. Please contact us at support@winnerspeople.com and we will try to resolve these issues as quickly as possible.
Appendix 1
Territories
United Kingdom
Guernsey
Jersey
Isle of Man
Appendix 2
Instructions on Withdrawal
AS SET OUT IN SECTION 4.9(D), THE PROVISIONS BELOW DO NOT APPLY IF, AT THE TIME OF SIGN-UP, YOU EXPRESSLY REQUESTED IMMEDIATE ACCESS TO YOUR SUBSCRIPTION AND ACKNOWLEDGED THAT YOU WILL LOSE YOUR STATUTORY RIGHT TO WITHDRAW FROM YOUR CONTRACT.
Right of Withdrawal
You have a legal right to withdraw from your contract with us within 14 days of sign-up without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
If you wish to withdraw from this contract pursuant to the Right to Withdrawal in Section 4.9, you can either fill out this form and send it back – we will acknowledge receipt in due time – or provide a written statement clearly expressing your intent to withdraw, to be sent to support@winnerspeople.com or to
Winner People
PO Box 640
MANCHESTER
M45 0JX
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of the contract during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Sample Withdrawal Notice Form
| Sample Withdrawal Form To: Winner People c/o Winner People Support Email: support@winnerspeople.com I/We* hereby give notice that I/we* withdraw from the contract concluded by me/us* for a subscription to Winner People Subscription sign-up date: Name of subscriber: Email provided during sign up (the email associated with your Winner People account): Address of subscriber: Signature of subscriber (only if notice is sent on paper): Date: (*) Delete as appropriate |