These Terms of Service (“Terms”) are applied to the user of the Quizyug mobile application (the “App”) (hereafter “you”, “your” or “user”) and the operator of the App in India, Incredible Games Private Limited, a company incorporated under the Indian law, having its registered office at Incredible Games Private Limited, Plot No. 114, Road No. 15, Next to SRL Ranbaxy, MIDC, Andheri (East), Mumbai City – 400093, Maharashtra (hereafter “we”, “us”, “our” or “Company”).
If you would like to discuss these Terms or the App, please contact us using the following details: firstname.lastname@example.org or write to us at the address stated above.
Please note that the App is not sponsored, endorsed or affiliated to any Platform Provider (as defined below) in any way.
CHANGES TO THESE TERMS: We may change these Terms and whilst we will tell you about what we feel are key changes to them, please check them regularly to keep up-to-date.
1) AGE RESTRICTIONS
A. You must be 18 years or older to download and use the App. If we discover that you have gained access to the App and are younger than 18, we may terminate your access and use of the App immediately.
B. You have the mental capacity and are of sane mind to take responsibility for your actions and consequences arising out of your use of the App, and are otherwise competent to contract.
C. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim, Tamil Nadu, Andhra Pradesh and Telangana (“Restricted States”) are prohibited from participating in theGames on the Platform.
2) ACCEPTANCE OF THESE T&C
A. These Terms together with our PP set out how you may participate in the App. The PP is an essential part of these Terms as our ability to use the personal data you consent to us sharing with our third-party advertisers makes the App commercially viable and by accepting these Terms you also accept our PP.
B. By downloading the App you agree that you have read and agree to these Terms (including our PP) which form a legally binding contract between you and us.
C. If you use Google Play or the App Store to use the App (a “Platform Provider”), then your download and use of the App may be subject to the terms and conditions of that platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.
3) ACCESS TO AND USE OF THE APP
A. Download: To download the App through a Platform Provider you must have an account with the applicable Platform Provider. You must always be using the latest version of the App. Please refer to the Platform Provider’s store to ensure that you are always up-to-date.
B. Download Charges: There is currently no charge to download and/or play the App. However, whilst our current business model offers the App as ‘free to play’ and generate revenue through advertising, we may decide to commence charging at any time.
C. Log-in as a Guest or via Facebook, or via Apple ID or via Google and Security: You may be required to log-in to play the App and participate in any activity offered via the App (including to collect any tickets and, if you are a winner, to claim Paytm Cashback or Prizes). You could therefore either: (a) register as a guest, in which case the only information we will collect from you is your guest-ID (a random number that we will allocate to you when you first register as a guest and which is used to identify you as a unique user in future); or (b) have an active Facebook account and be logged in via Facebook using your current username and password; or (c) have an active Apple account, and be logged in via Apple using your current Apple ID and password’ or (d) have an active Google account and be logged in via Google account using your current username and password. You cannot play the Quiz/games on the App and participate in the activities offered by the App without being logged in. When you first download the App and access it for the first time, you may be prompted to log-in, either as a guest or via Facebook or Apple ID or Google account. You are responsible for keeping your Facebook or Apple ID or Google account access details, as well as Platform Provider account details, secure and for the security of any device you use to access the App. If you become aware of any unauthorized access to the App or any suspected breach of security, you should notify us immediately. We may take steps to verify the accuracy of information that you provide us. If you log-in via Facebook or Apple ID or Google account, then your account information, such as tickets collected and history, will be saved device to device. If you log-in as a guest, your account information will only be saved on that device. You can choose to log-in via Facebook or Apple ID or Google account at any time via the Settings page within the App.
D. Personal data obtained via Facebook or Apple ID or Google account: As a result of logging-in via Facebook or Apple ID or Google account, we will collect certain personal information about you – namely your name, profile picture and email address in the case of a Facebook log-in or Apple log-in or Google log-in, and in the case of a guest log-in, your guest-ID (a random number that we will allocate to you when you first register as a guest and which is used to identify you as a unique user in future). Further information on this can be found in our PP.
E. Personal data obtained to serve adverts: The App is funded by advertising. When you first open the App, you will be asked if you consent to your personal data being used for targeted advertising purposes or not. If you choose not to consent you will still see adverts but these will not be personalized to you. Further details on this are available in our PP.
F. Personal data obtained if you are a winner: If you win any Prize in the form of Paytm Cashback or Products on the App, we ask you for your consent to publicize your details (including, depending on your consent, your name, winner story, image and email address) as a winner in our App or any other Company including group company application/website or third-party website. Further details on this are available in our PP.
G. How to participate in the activities offered via the App: Quizyug allows you access to a variety of quizzes, as well as seasonal mini-games & additional promotional in-game events. Quizzes, mini-games and events offer rewards. Quizzes offer tickets for correctly answering questions, which can be used for prize draws for a variety of prizes. It is completely free on your device, and applicable Google Play or App Store account, to download the App and play each quiz on offer, but, as noted above, to play the App and claim a Prize, Paytm Cashback and/or Reward you may need to be logged-in.
If there are any technical difficulties or doubts regarding the validity of your claim to any Prizes, we reserve the right to void a winning draw. Verification of any winner is at our absolute discretion and if there is any suspicion of cheating, fraud and/or foul play then we reserve the right to decline that win or question its legitimacy at our sole discretion and you have to abide by the same. We may, in doing so, refuse to provide you with your Prize from such win and/or any Paytm Cashback in association with such win and, in certain situations may also ban you from using its Apps and you agree to abide by our such decision.
Any Prizes or Paytm Cashback that you win are reset to zero (so lost) if you don’t enter the App at any time for a continuous 90-day period. Please bear this in mind if you intend to take a break from the Quizyug App.
H. Claiming Paytm Cashback: If at any point you win Paytm Cashback, you will be prompted to post a request via the App for Paytm Cashback to be paid to you via Paytm. You must have an active Paytm account and provide your Paytm details in order to obtain any Paytm Cashback. It is your responsibility to submit such Paytm details accurately and to keep such details secure. We do not take any responsibility or accept any liability for losses suffered by you as a result of failing to comply with the foregoing provision. Once your request has been submitted, you will be asked to confirm the email address that is linked to your Paytm account. Once you have confirmed this email address, we aim to deposit the Cashback in your Paytm account within 7 business days of such confirmation.
I. Claiming Prizes: If at any point you win a Prize, you will be prompted to post a request via the App for the Prize to be sent to you. You may be asked for an email address and a postal address in order for us to send any Prizes to you. It is your responsibility to submit such information accurately and to keep such details secure. We do not take any responsibility or accept any liability for losses suffered by you as a result of failing to comply with the foregoing provision. Once your request has been submitted, you may be asked to confirm the email address and other information that is linked to the ability to send you the Prize. Once you have confirmed this email address, postal address and other information/details as may be required, we aim to dispatch the Prize to you within 7 business days of such confirmation.
J. Intellectual Property: We own (or have a license to use) all intellectual property in the App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App’s title and other trademarks, whether registered or unregistered, used elsewhere in the App). By using the App under license, you do not acquire any intellectual property in the App. You hereby acknowledge and agree that all the rights, title and interest in the App and all the intellectual property rights therein are solely and absolutely owned or licensed by us and shall continue to vest with us. Provided you continue to comply with these T&C, we hereby grant to you a non-exclusive, non-transferable, revocable license to access and play in the App for your own personal and non-commercial entertainment purposes. You hereby grant us a perpetual, non-exclusive, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the content posted/published by you on the App and further waive any rights that you may have under Section 30A of the Indian Copyright Act, 1957, or any similar legal provision. If you breach any provision of these T&C then this license will automatically and immediately terminate.
K. Trademarks: “Quizyug” and any other product or service name or slogan displayed on our App are trademarks, whether registered or unregistered, of Incredible Games Holding Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Incredible Games Holding Ltd. In addition, the look and feel of our App, including all page headers, custom graphics, button icons and scripts, and software features, are our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All third-party trademarks, registered trademarks, product names and company names or logos mentioned in our App are the property of their respective owners. Reference to any products, services, processes, trade name, trademark, or other information of a third party does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
L. Commercial Use Forbidden: any commercial use of the intellectual property in our App by you is strictly forbidden without our prior express written permission.
M. App Restrictions: Certain restrictions apply in relation to your right to access and play the App. These are as follows:
A. Prizes: as noted above, Prizes are available in the App.
B. Token Terms: Our in-app service enabling you to acquire and use Prizes is subject to the following terms:
8) LIMITATIONS OF LIABILITY
A. NOTHING IN THESE TERMS OF SERVICE SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY THAT WE CANNOT EXCLUDE OR LIMIT UNDER APPLICABLE LAW.
B. THE EXPRESS TERMS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS WHICH, BUT FOR THESE TERMS, WOULD BE IMPLIED OR INCORPORATED BY ANY COLLATERAL AGREEMENT, STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
C. SUBJECT TO PARAGRAPH 7(A), WE SHALL NOT BE LIABLE TO YOU FOR:
I. ANY LOSSES ARISING OUT OF YOUR USE OF THE APP (INCLUDING ANY USE OF ANY PRIZE, CASHOUT AND/OR REWARD), ANY WEBSITES LINKED TO IT AND ANY USE OF THE APP OR CONTENT WITHIN IT ARISING AS A RESULT OF:
1. ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE APP OR ANY INFORMATION PROVIDED IN RELATION TO THE APP;
2. THE UNAVAILABILITY OF THE APP (OR ANY PART OF IT);
3. LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF TOKENS AND/OR A WINNING SCRATCH CARD AND/OR LOSS OF TOKENS AND/OR PAYTM CASH RESULTING FROM APP INACTIVITY OVER ANY CONTINUOUS 90 DAY PERIOD);
4. ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF LINKS TO WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY AND USED AT YOUR OWN RISK;
5. ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM YOUR ACTIVITIES WHEN USING THE APP WHICH INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW;
6. ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN;
7. ANY LOSS THAT YOU MAY SUFFER AS A RESULT OF ANY CHANGES TO PRIZES AND/OR REWARDS, OR ANY FAILURE BY OUR THIRD-PARTY SUPPLIERS TO DISPATCH SUCH PRIZES AND/OR REWARDS;
8. ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF ACTIONS BY OUR THIRD-PARTY ADVERTISING PARTNERS;
II. LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT ANY DEVICE YOU USE TO USE THE APP; OR
III. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND CAUSED.
D. IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.
E. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE APP SHALL BE Rs. 5000/- (RUPEES FIVE THOUSAND ONLY).
A. YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY US AND OUR LICENSORS, SUBSIDIARIES, ASSOCIATES, AFFILIATES AND PARTNERS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES, DAMAGES, LIABILITIES, ACTIONS, CLAIMS, SUIT, PROCEEDING, DEMAND BROUGHT BY A THIRD PARTY, DUE TO OR ARISING OUT OF OR IN CONNECTION WITH:
B. YOU SHALL NOT SETTLE OR COMPROMISE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE SHALL BE ENTITLED TO PARTICIPATE IN SUCH DEFENCE THROUGH OUR OWN COUNSEL AT YOUR COST AND EXPENSE.
A. We may remove the App from any platform on which we make the App available or cease providing or change any of the App’s features (including quizzes, Prizes and/or Rewards, as well as the thresholds for any Prize/s or redemption of a Prize) at any time in our absolute discretion for any reason whatsoever. We may also remove any App from any platform for reasons outside our control, including for reasons decided upon by the Platform Provider. You should always check the App to ensure that you are up-to-date. If we do make any updates, the platform on which we make the App available should enable you to continue to participate in any activities offered via the version of the App you downloaded and to use, subject to these Terms, any Prizes you have acquired but have not redeemed the same. The only exception to the foregoing is if we are required to make changes for security reasons and/or to comply with legislation in which case the previous version of the App may not then be available to you.
B. We may in our absolute discretion: