TERMS & CONDITIONS
This Terms & Condition of Use lays out the terms and conditions, as maybe amended and supplemented, from time to time which shall govern the access and use of the Mobile Application Software titled “Quizingle” and the website at www.quizingle.com. The Services provided to Registrant / End-user / Visitor / You through the mobile App ("Quizingle") and the website the case may be.
Please read the Terms & Condition of Use carefully before using or registering on the Mobile App ("Quizingle") or accessing website through the Platform. By using the Platform or any Services, you hereby signify your absolute and unconditional acceptance to the Terms & Condition of Use and your agreement to be legally bound by the same. You may not use any Services if you do not accept the Terms & Condition of Use.
Below said/mentioned/given Terms & Condition of Use is can be change time to time (due to privacy reason/government rules/any reason) by company without any intimation/notification given to any Registrant / End-user / Visitor of Mobile Application (“Quizingle”) or Website (www.quizingle.com).
- ACCEPTANCE OF TERMS AND MODIFICATION THEREOF:
- This Terms & Condition of Use is an agreement between the Visitor / end user and Quizingle (as We), with regard to,
- The access and use of the Platform, including mobile App ("Quizingle"), for playing a quiz game hosted by our Company on its mobile App ("Quizingle").
- The access and use of the Platform, including mobile App ("Quizingle"), for availing, the game-streaming services provided by the Company on its Mobile App ("Quizingle").
- An account opened by the Visitor / end-user on Mobile App ("Quizingle") to use the Services provided by the Company (“Account”). The Visitor / End-User shall be permitted to access the Services only upon creating the Account.
- The access of the Platform, usage of any Services in any manner or mere browsing of the Platform by the Visitor / End-User constitutes an acknowledgement & acceptance in full by Visitor / End-User of this Terms & Condition of Use without any modification and/or exception.
- If the Visitor / End-User do not agree with any part of this Terms & Condition of Use in any manner, the Visitor / End-User must not access the Platform or any Services. By affirming the assent of the Visitor / End-User to this Terms & Condition of Use, the Visitor / End-User provides his consent to the collection, use, storage, processing and disclosure of his/her information as set out in this Terms & Condition of Use.
- The Company (as We) reserves the right to change the Terms & Condition of Use and any of the Terms & Condition the Service without any notice or intimation of such change to the Visitor / End-User. The Visitor / End-User shall be responsible for regularly reviewing the Terms & Condition of Use.
- Changes to this Terms & Condition of Use will be effective when posted on the Mobile App ("Quizingle") or the Platform and the Visitor agrees to review this Terms & Condition of Use periodically to become aware of any changes. The Visitor's / End-User’s use of certain features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Mobile App ("Quizingle") may be subject to additional Terms & Condition of Use & before the Visitor / End-User uses any such features, functionality or other programs he/she would be deemed to have accepted such additional rules.
- The Company may also offer certain paid services, which shall be subject to certain additional terms or conditions that shall be disclosed to you in connection with such services. All such terms and guideline are incorporated into these Terms & Condition of Use by reference.
- The Company reserves the right, in its sole discretion, to terminate the access of the Visitor / End-User to the Mobile App ("Quizingle") or any portion thereof at any time, without any prior notice. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms & Condition of Use or the right to use the Mobile App ("Quizingle") by the Visitors / End-Users as contained herein.
- The Terms & Condition of Use herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Terms & Condition of Use as a whole.
- The Visitor / End-User understands and acknowledges that when using the Services, it/he/she will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content.
- You further understand and acknowledge that you may be exposed to content that is inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Services and Company in this regard with respect thereto, and agree to indemnify and hold any Services, their site operator, the Company, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors & assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
- OBLIGATIONS OF CONTRACTING PARTY:
- Contracting Party shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to trademark and copyright of any third party. Contracting Party shall ensure to upload the product description and image only for the product which is offered for advertisement through the Platform.
- If user has multiple accounts on single device then while redeem any product company will consider only one account as a primary account and comapny has rights to suspend / deactivate / delete rest of the remaining accounts.
- Contracting Party shall provide full, correct, accurate and true description of the product so as to enable the Platform users/customers to make an informed decision.
- Contracting Party shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for advertisement displayed on the Platform.
- Contracting Party shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Contracting Party.
- Any issue with respect to the products offered/supplied/sold under this Contract shall be dealt with and resolved by the Contracting Party directly with the Platform users.
- REGISTRATION & USAGE PROCESS FOR VISITORS / END-USERS:
- Through the Mobile App ("Quizingle"), individual quiz games will be announced from time to time. The time period for any Quiz will be as announced through the Mobile App ("Quizingle"). The Visitor / End-User is not required to purchase or pay to participate in the Quiz.
- Through the Mobile App ("Quizingle"), there shall be Spin game is available. The Visitor / End-User may spin the wheel for getting more points. This spin run as per process and not fixed by company.
- The Visitor / End-User 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 / End-User agrees not to use any other party's Account for any purpose whatsoever without proper authorization from the relevant party. The Visitor / End-User is responsible for the security of all transactions undertaken on his/her Account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Visitor’s / End-User’s Account.
- The Visitor / End-User also agrees and undertakes to immediately notify the Company of any unauthorized use of the Visitor's / End-User’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 / End-User’s failure to comply with this requirement. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer or mobile, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- The Company (as We) shall have the right to disable any user name, password, user account or other identifier, whether chosen by the Visitor / End-User or provided by the Company, at any time in its sole discretion for any or no reason, including if, in the opinion of the Company, the Visitor / End-User has violated any provision of these Terms & Condition of Use.
- To use the Services of the Mobile App ("Quizingle"), the Visitor / End-User also agrees to:
- Download and open the Mobile App ("Quizingle") on his/her device.
- Sign up for an Account or if the Visitor / End-User already has an Account, to log into his/her existing Account.
- For the Quiz Services, the Visitor / End-User 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, have 30 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 Mobile App ("Quizingle").
- Maintain and promptly update the Registered Data to keep it true, accurate, current and complete. If the Visitor / End-User 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 / End-User’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 and Spin Game Streams 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 / End-User accepts that the Company shall not be responsible in any manner for the non-fulfilment of the Prize to him/her by Paytm or any other third-party payment service provider.
- The Visitor also accepts that the Company expressly reserves the right to disqualify any entry that it believes are not in good faith, or are generated by an automated means or scripts, or otherwise violating these Terms & Condition of Use or the spirit of the Quiz and Spin Game. Entries generated by script, macro or other automated means or otherwise violating these Terms & Condition of Use or the spirit of the Quiz and Spin Game are void.
- Not with standing the provisions contained in this Clause, the Company, shall be entitled to, at its sole discretion (including for reasons of software issues, network issues, technical glitches, etc.,) to nullify a Quiz at any time after the Quiz has started and / or any Prizes owed to the Visitor after it has become due.
- An ACCOUNT Subject to the other provisions of this Terms & Condition of Use, the Visitor / End-User is not required to purchase or pay anything to enter or win the Quiz Acceptance of the application for an Account will be displayed on the Mobile App (“Quizingle”). The Company reserves the right to decline the Visitor’s / End-User’s application for an account or to revoke the same at any stage at the Company’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
- MOBILE APPLICATION / WEBSITE SERVER DOWN OR UNAVAILABLE:
- When the server or Mobile Application (“Quizingle”) or Website (www.quizingle.com) is down (due to any any), then the company (as we) is not responsible for your reward / product / claiming process for that particular duration /period.
- The company (as we) will not give/credit/provide any reward which loss due to server down duration/period of Mobile Application (“Quizingle”) or Website (www.quizingle.com).
- PRIZE & PROCESS OF CLAIM PRODUCTS:
- Each correct answer of Quiz will have points (star), which will be determined by the Company in its sole discretion and indicated in connection with a particular Quiz.
- By using points (star) end-user can claim his/her prize from available product which issued by company.
- Limited stock of product (which is decided by company) is available to claim by end-user.
- If user has multiple accounts on single device then while redeem any product company will consider only one account as a primary account and comapny has rights to suspend / deactivate / delete rest of the remaining accounts.
- Once the claim coupon or any product by end-user, then it non-refundable, non-exchange by company.
- Price of any product or gift (in form of star) can be change any time by company.
- Due to unavailability of any shown product or reward can be change / deactivate / remove at any time by company without any prior notice.
- Due to any technical glitch if we are not able to give you claimed reward then stars will be rolled back by company.
- When product is deliverable to said address of end-user then provided address has to accurate hence company will be not responsible for any un-deliver product.
- When any coupon code is received by email then end-user’s email is id has to correct / accurate, company will be not responsible for any email sent failure.
- If we found any fraud / third party application use for solving Quiz then company can reject your claimed product without any prior notice, also its leads to suspend / delete user's account.
- The business / working days of sending email of coupon code or deliver any product is decided by company (which is 7-14 business days) and also said days can be change by company (without any intimation / notification to end-user) anytime.
- Size / colour / model /brand can be differ from shown image on mobile application of claimed product, also company will deliver from available product.
- The available product can be in limited quantity and also can be out of stock after claiming by another end-users.
- When end-user to receive a claim product (and, if the end-user 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
- 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 Product.
- In no event shall the Company be obligated to award any Prizes other than the Product specified in these Terms & Condition of Use.
- The Company does not guarantee that the Product shall be made available after claiming. The Product is not assignable and not transferable and no substitutions are permitted, except by the Company in its sole discretion.
- In addition, if the Product is unable to be provided to End-User due to Applicable Law or if the end-user cannot claim the Product for any reason, then the Company reserves the right to not reward the Product at all.
- The Visitor / End-User acknowledges that certain jurisdictions have laws regarding contests that may prevent the Company from rewarding the Visitor / End-User his Prize. By entering this contest, the Visitor / End-User (and, if he is a minor, his parents or legal guardians), understands and accepts the risk that the Visitor / End-User may claim but not be able to receive a Product.
- LIMITED VISITOR / END-USERS:
- Each Visitor / End-Users who accesses Services or Mobile App ("Quizingle"), represents that he/she is an Indian resident or a person resident in India as per the Applicable Laws.
- The Visitor / End-User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services or Product. The Visitor / End-User 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 Mobile App ("Quizingle") or the Platform in any manner whatsoever.
- The Visitor / End-User represents that he/she shall not use the Mobile App ("Quizingle") or it's Services for any illegal purposes as per the Applicable Laws.
- COMPANY RESERVE THE RIGHTS:
- Contracting Party / Users agrees and acknowledges that the company has rights to suspend / delete / block / remove any user's account which found illegal / fraud without any prior notice. Also if user is using any third party application for solving quiz then company has rights to suspend / delete / block / remove of particular user's account without any prior notice.
- Contracting Party agrees and acknowledges that the Company, at all times during the continuance of this Contract, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the Platform by the Contracting Party without any prior intimation to Contracting Party in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Contract, terms and conditions of www.quizingle.com Website. In such an event, the Company reserves the right to forthwith remove/close/block the Campaign without any prior intimation or liability to refund the amount to the Contracting Party and furnish such details about the Contracting Party and/or its customers upon a request received from the legal/ statutory authorities or under a Court order.
- Company reserves the right to immediately cease running of this campaign in the event Contracting Party is found to be offering the same offer as listed on Quizingle on any other platform during the Campaign Tenure.
- INDEMNITY:
- The Contracting Party indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Contracting Party’s product, the breach of any of the Contracting Party’s warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Contract or arising out of the Contracting Party infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, the Standards of Weights & Measures legislation, Goods and Service Tax or any other taxes or duties etc. For the purpose of this Clause reference to the Company shall also include the Mobile Operators and such other agencies through whom the Company shall make the Platform available to any the Contracting Party.
- The Company agrees to indemnify and keep indemnified the Contracting Party in respect of all claims, losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Contract.
- This Clause shall survive the termination or expiration of Term & Condition of Use or this Contract.
- DISCLAIMER OF WARRANTIES:
- The Company has endeavored to ensure that all the information provided by it on the Mobile App ("Quizingle") 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 Mobile App ("Quizingle") 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, conduct/ display Spin game streaming, videos, conduct brand specific activities, etc., 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.
- By playing a Quiz sponsored by a Sponsor the Visitor / End-User agrees that any information provided by the Visitor / End-User or collected by the Sponsor in connection with the Quiz may be used by the Sponsor in accordance with their Terms & Condition of Use.
- The Visitor / End-User further agrees that any information provided by the Visitor / End-User in connection with the Spin Game Streams may be used by the Company in accordance with their Terms & Condition of Use.
- Unless prohibited by Applicable Law, the acceptance of a Visitor / End-User to play the Quiz or any other Game Stream constitutes the Visitor’s / End-User’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 / End-User consent to disclose his/her personally identifiable information to third parties.
- Not with standing any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the Visitor’s / End-User acceptance of a Product 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.