Terms & Conditions
Welcome to TrackWin Media. By using our website (trackwinmedia.com) or any of our campaign portals or agency services (together, the “Site”), you agree to the following Terms and Conditions. Please read them carefully before continuing.
Acceptance of Terms
By accessing or using our website or engaging TrackWin Media as an agency partner, advertiser, publisher or client, you agree to be bound by these Terms and Conditions. If you do not agree with any part of them, please do not use our website or services.
These Terms apply to all users of the website, including clients, advertisers, publishers, performance partners and visitors.
Changes to Terms
We may update these Terms at any time without prior notice. The effective date at the top of this page shows when they were last revised. By continuing to use the website or our services after an update, you accept the revised Terms. Please review this page from time to time.
Privacy
We handle your personal information in line with our Privacy Policy, which forms part of these Terms. By using the website you consent to the data practices described there, including the collection and use of data for campaign delivery, tracking and reporting.
Intellectual Property
All content on this website, including text, images, graphics, logos, campaign materials, data reports, software and service methodologies, is owned by TrackWin Media or its licensors and is protected by applicable intellectual property laws.
You may view and download content for personal, non-commercial use only. You may not copy, modify, distribute, resell, reverse-engineer or use our content, strategies, campaign frameworks or proprietary data for commercial purposes without our prior written permission.
Advertisers and publishers who access our dashboards, reporting tools or creative assets acknowledge that those assets remain the intellectual property of TrackWin Media or the relevant campaign owner.
Third-Party Links
Our website and campaign materials may contain links to external websites, advertiser landing pages or partner platforms. We do not control these sites and are not responsible for their content, availability or privacy practices. You use them at your own risk.
Disclaimer
We try to keep the information on our website and in our reports accurate, but we make no guarantee about its accuracy, completeness or reliability. Campaign performance figures and projections shown on the website are illustrative and are not guaranteed results.
TrackWin Media is not liable for damages arising from your use of the website, from relying on any content or information published on it, or from the performance or non-performance of any third-party publisher, platform or service mentioned here.
Limitation of Liability
TrackWin Media, its directors, employees and partners are not responsible for any direct, indirect, incidental, consequential or punitive damages arising from your use of the website or our services, including:
- Third-party content accessed through the website or our campaign platforms.
- Technical errors, downtime or data loss affecting campaign delivery or reporting.
- Performance, CPI, paid media or other marketing campaign outcomes that do not meet a client’s expectations.
- Actions or omissions of publishers, advertisers or other third parties within our network.
Our total liability to any client or partner for any claim will not exceed the total fees paid for the specific service period in which the claim arose.
Indemnification
You agree to indemnify, defend and hold harmless TrackWin Media, its officers, employees and partners from any claims, damages, losses, liabilities or expenses (including legal fees) arising from your use of the website, your breach of these Terms, or any content you submit or transmit through our platform.
Prohibited Activities
When using our website, services or campaign platforms, you must not:
- Use the website or platform for any illegal, fraudulent or harmful purpose.
- Submit false, misleading or offensive content through any form or portal.
- Interfere with the operation of the website, our tracking infrastructure or other users’ experience.
- Engage in click fraud, traffic manipulation, incentivised installs, bot traffic or any form of fraudulent conversion activity within our performance marketing network.
- Attempt to reverse-engineer, scrape or extract proprietary data, campaign structures or publisher lists from our platform.
- Impersonate TrackWin Media or any of its personnel in any communication or platform.
We may suspend or permanently terminate your access immediately, without refund of any fees paid, if you violate these rules.
Site Changes or Shutdown
We may modify, suspend or discontinue the website, any campaign portal or any part of our services at any time without prior notice. We are not responsible for any loss of data, content or access resulting from such changes. Where possible, we will make reasonable efforts to give active clients advance notice of any service discontinuation.
Governing Law
These Terms are governed by and interpreted in accordance with the laws of India. Any dispute will be subject to the exclusive jurisdiction of the courts at our registered location in India.
Users accessing the website from outside India are responsible for complying with the local laws that apply to them.
Severability
If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary, or removed if modification is not possible. The remaining provisions will continue in full force and effect.
No Waiver
If TrackWin Media does not enforce any part of these Terms on a particular occasion, that does not waive our right to enforce that provision or any other provision in the future.
Cancellation & Refunds
This policy covers cancellations and refunds for all services delivered by TrackWin Media, including project-based engagements, performance campaigns, retainer agreements and maintenance services.
Initial fees: Non-refundable. These secure project planning, resource allocation and any advance work started on engagement.
Cancellation by client, before development begins: The client is liable for costs incurred up to the date of cancellation. Unused pre-paid amounts may be refunded at our discretion, minus any planning or setup costs already incurred.
Cancellation by client, after development has started: The client is liable for all work completed to date. Any remaining pre-paid amount, after deducting the value of completed work, may be refunded, or the client will be invoiced for any outstanding balance.
Deliverables: All project deliverables are provided as-is on receipt of full and final payment.
TrackWin Media may cancel a project or engagement because of a client’s breach of these Terms, non-payment, failure to provide required materials or approvals, or conduct that makes continuing impractical. In such cases the client remains liable for payment for all work completed up to the date of cancellation.
- Either party may cancel a retainer or maintenance agreement with 30 days’ written notice.
- Pre-paid fees covering periods beyond the current active cycle will be refunded proportionally for the unused days.
- Fees for the current active month are non-refundable, regardless of the date of cancellation notice.
General Refund Rules
- No refunds are issued for work that has been completed and delivered.
- Refunds are not granted on the basis of a change of mind after work has begun.
- All billing disputes must be raised in writing within 7 days of the invoice date or delivery of the relevant work, whichever is earlier.
Policy Updates
TrackWin Media may update this Cancellation & Refund Policy at any time. The version in effect when a project or engagement starts will govern that engagement, unless agreed otherwise in writing.
