ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
The Company reserves the right, in its sole discretion, to terminate the access of the Visitor to the App or any portion thereof at any time, without any prior notice.
REGISTRATION AND USAGE PROCESS FOR VISITOR
Through the App, individual live trivia games (each, a “Quiz”) will be announced from time to time. The Visitor may join the Quiz while it is live. The time period for any Quiz will be as announced through the App. The Visitor is not required to purchase or pay to participate in the Quiz. However, the Company shall be entitled to set and charge a usage fee, in connection with the Visitor’s use of the Services and from time to time amend or vary its transaction fee for the Services.
The Visitor agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Account created for the Services and shall be fully responsible for all activities that occur by use of the Account. Further, the Visitor agrees not to use any other party's Account for any purpose whatsoever without proper authorization from the relevant party. The Visitor is responsible for the security of all transactions undertaken on his Account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Visitor’s Account.
The Visitor also agrees and undertakes to immediately notify the Company of any unauthorized use of the Visitor's Account or user ID as the case maybe. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of the Visitor's failure to comply with this requirement.
To use the Services of the App, the Visitor also agrees to:
download and open the App on his device;
sign up for an Account or if the Visitor already has an Account, to log into his existing Account. The Visitor may also register to participate in the Quiz via other methods the Company makes available to him;
click on play or select another method provided by the Company, enabling the Visitor to enter a Quiz (“Play”);
receive a notification on his device when the Quiz begins;
have 10 seconds or other amount of time as determined by the Company to answer each question;
provide true, accurate and complete information about himself ("Registered Data") on the App;
maintain and promptly update the Registered Data to keep it true, accurate, current and complete. If the Visitor provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that the Registered Data or any part thereof is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the Visitor's Account and refuse any and all current or future use of the Platform and/or any of the Services of the Company;
the Visitor also accepts that the Quiz will be void where prohibited or restricted by Applicable Laws (defined below) or where bonding, registration, or other requirements would be required but have not been met;
the Visitor accepts that the Company shall not be responsible in any manner for the non-fulfilment of the Prize to him by Paytm or any other third-party payment service provider; and
Each Quiz will have a winner who will receive a cash prize, which will be determined by the Company in its sole discretion and indicated in connection with a particular Quiz (the “Prize”).
The value of a Prize will be equal to the cash amount of the Prize.
When applicable, to receive a Prize, the winner (and, if the winner is a minor, his parents or legal guardians) may be required to:
furnish proof of identity, address and birth date;
furnish copy of the pan card or the pan card details (in case the Prize exceeds Rs. 10,000 (ten thousand); and
compulsorily link his Paytm Account or any other account which the Visitor may be required to maintain with any other specified third-party payment service providers (as notified by the Company to the Visitor from time to time), to the App to receive his Prize (“Cash- Out”).
It shall be the Company’s discretion on deciding when to give the Cash-Out to the Visitor and the Visitor shall not have any right to decide the time or day for receiving or claiming the Cash – Out.
The Quiz shall be conducted under the supervision of the Company. The decisions of the Company are final and binding in all matters relating to the Quiz and the Prize. Each winner will be notified via the App or by email or SMS, provided, however, that the Company reserves the right to determine an alternate method of notification.
The Company does not guarantee that the Prize shall be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted, except by the Company in its sole discretion.
In addition, if the Prize is unable to be provided to the winner due to Applicable Law or if the winner cannot claim the Prize for any reason, then the Company reserves the right to not award the Prize at all.
The Visitor acknowledges that certain jurisdictions have laws regarding contests that may prevent the Company from awarding the Visitor his Prize. By entering this contest, the Visitor (and, if he is a minor, his parents or legal guardians), understands and accepts the risk that the Visitor may win but not be able to receive a Prize.
The Visitor will be notified of all his winnings on the App and all the activity on his Account will be notified by way of push notification, email, or SMS.
Each Visitor who accesses the Services, represents that he is an Indian resident or a person resident in India as per the Applicable Laws.
The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services. The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the App or the Platform in any manner whatsoever.
The Visitor represents that he shall not use the App or its Services for any illegal purposes as per the Applicable Laws.
DISCLAIMER OF WARRANTIES
The Company has endeavored to ensure that all the information provided by it on the App and the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the App or the Platform. The Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform.
The Company shall have the right to endorse brands (through advertisements or otherwise) on the Platform and shall also have the right to conduct a Quiz on the Platform which may be sponsored by any such brand (“Sponsor”) that the Company may associate with. The Visitors are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Unless prohibited by Applicable Law, the acceptance of a Visitor to play the Quiz constitutes the Visitor’s permission to use his name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner that the Company or the Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions and constitutes the Visitor’s consent to disclose his personally identifiable information to third parties. Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the Visitor’s acceptance of a Prize constitutes his authorization to:
have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record the Visitor;
have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or limitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and
have relinquished any right that the Visitor may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
[IL Comment: PA to confirm the details of the Visitor that will be used]
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the Visitor's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services.
The Company shall not be responsible for the delay or inability to use the Services on the App, the provision of or failure to provide the Services, or for any information, software, products, Services and related graphics obtained from the Company through the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from the Company through the Platform is done entirely at his discretion and risk and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
LINKS TO OTHER SITES
The App may contain links to other websites or may contain features of any nature of other websites on the App ("Allied Sites"). The Allied Sites are not under the control of the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.
The Company is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. The Company does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
The Visitor's rights on the Platform are conditioned upon compliance with each of the following:
the Visitor will not create or submit anything that is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India's guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
the Visitor will not embed, re-publish, maintain and/or display any App content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
the Visitor will not provide false information about him or anyone else (including, without limitation, if and when the Visitor is being asked on the App to provide accurate information about the Visitor's age), and the Visitor will not impersonate or appear to impersonate anyone else or otherwise misrepresent the Visitor's affiliation with any person or entity;
the Visitor will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the App, unless the Visitor would have obtained prior permission from such user to do so;
the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platform (or any parts thereof);
the Visitor will abide by all copyright notices, information, restrictions contained in or associated with any of the App content;
the Visitor will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
the Visitor will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Platform;
the Visitor will not use any of the rights granted to him or any of the Platform content in a manner that suggests an association with any of the Company's products, Services or brands, unless otherwise specifically permitted by the Company;
the Visitor will not do anything on the App that would prevent other users' access to or use of the App or any part thereof;
the Visitor, upon a request from the Company, shall provide all the necessary documents to show his proof of residency in India; and
the Visitor accepts that if he is a director, officer, and employees of Sponsor or any of its affiliate companies and subsidiaries, and immediate families of each, he shall not be eligible to receive a Prize.
The Visitor represents and warrants that he is not a director, officer, and employee of the Company or any of its affiliate companies and subsidiaries, and immediate families of each.
The Visitor represents and confirms that the Visitor is of legal age to enter into a binding contract and is not a person barred from accessing and using the App and availing the Services under the laws of India or other Applicable Laws.
The Visitor acknowledges and agrees that:
Notwithstanding the provisions contained in Clause 9.5.1, the Company might provide to the Visitor:
the option to purchase at a cost, additional chances of playing the Quiz (“Extra Lives”); and
the option to use a special code designated for every Account (“Referral Code”) in relation to other Visitors or a special code provided by the Company to the Visitor to get Extra Lives or a discount in purchasing an Extra Lives.
as between the Company and the Visitor, the Company owns all right, title and interest in the Services and the App;
To avail a Service through the App, the Visitor has and must continue to maintain at his sole cost:
all the necessary equipment including a phone, internet access, etc. to access the App and/or avail the Services; and
own access to the World Wide Web. The Visitor shall be responsible for accessing the App and/or availing the Services which may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the Visitor.
The Visitor also understands that the Services may include certain communications from the Company as service announcements and administrative messages. The Visitor understands and agrees that the Services are provided on an "as-is-where-is" basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any Visitor communications or personalized settings.
LICENSE AND PROPRIETARY RIGHTS
the License to access, view and otherwise use the Platform (including, without limitation any information or Services provided on or through the Platform) for the personal and lawful use only by the Visitor, as intended through the normal functionality of the Platform; and
The content of the App and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. The Visitor acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the content of the Platform and/or any portion thereof.
The Company may provide the Visitor with content including information, sound, photographs, graphics, video or other material through the Platform. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The Visitor may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
The Visitor acknowledges and agrees that he shall not upload, post, reproduce or distribute any content on the Platform that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the Visitor to personal liability or criminal prosecution.
The winner shall be responsible and liable for all taxes in connection with the Prize.
The Visitor hereby consents and agrees that the Company may withhold any such amount from his Account that any tax authority requires the Company to do so, or the Company is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Company needs to comply with internal policies or with any applicable order or sanction of a tax authority.
The Company and the Visitor hereby agree to keep the data, information and terms of the Account ("Confidential Information") confidential and shall not disclose the same without the consent of the other.
The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by the Company and/or when the parties independently obtain it from a third party.
The Company believes that the Visitor's actions may infringe on any third-party rights or breach any Applicable Law or otherwise result in any liability for the Visitor or other Visitors of the App.
Either the Visitor or the Company may terminate this Agreement with or without cause at any time to be effective immediately.
LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
The Visitor understands and expressly agrees that to the extent permitted under Applicable Laws, in no event will the Company or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of the Platform or any parts thereof.
Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any the Company or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
All notices and communications from the Visitor to the Company in relation to the Platform and/or any of the Services (including those termination of any of the Services etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent by an email or posted within the Platform.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
COMMUNICATION BETWEEN US
If we have to contact you or give you notice in writing, we will do so by in-App chat, e-mail, or SMS to the mobile phone number or email address you provide to us in your request for the App.