Quizyug Terms of Service

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”).

Please kindly read these terms of service carefully because they apply to your participation in the Quiz/games on our “Quizyug” mobile application (“App”), and in the event you participate in the Quiz/games, you hereby agree to these terms of Service, the Privacy Policy (“PP”), and other disclaimers and terms published on the App (together referred to as “Terms”). The App is currently available for download via Google Play and the Apple App Store.

If you would like to discuss these Terms or the App, please contact us using the following details: incrediblegamesindia@gmail.com 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:

You may not use the App in any improper or unlawful manner or in breach of any legislation or license that applies to you;
You agree to comply with all reasonable instructions that we may give you regarding your use of the App;
Any information that you provide to us is true and accurate and you will update such information when necessary;
You may claim winnings from only one account created within the App. Any persons using multiple accounts within the App may not claim winnings from more than one account;
You are responsible for all costs associated with any device required to access and play the App including the cost of any Internet access and any software required to access the App. It is your responsibility to ensure that you comply with all third-party applicable terms. You are also responsible for ensuring that no person uses your device to access the App without your permission and that you are legally entitled to own the device that you are using to access and play the App. We rely on you having given permission to any other person who accesses the App using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;
You will not:

copy, license, sell, trade, alter, create derivative works or otherwise deal with the App;
use the App for any illegal activities;
use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy the App and its content;;
use the App to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in our opinion, offensive;
use the App to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;
use the App to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including our intellectual property.

4) Prizes

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:

Prizes are personal to you and are not refundable and/or non-transferable i.e., only you can use them and you cannot have us gift, sell, license, assign, transfer or otherwise distribute the Prizes to any other person;

your right to claim Prizes expires after 90 continuous days of App inactivity following the date on which you earned the Prizes;

C. Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to mobile application software and the operation of the App. If you become aware that the operation of the App contains any error, or is incomplete, please notify us by email to incrediblegamesindia@gmail.com. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.

5) IN-APP ADVERTS AND THIRD-PARTY WEBSITES

A. We generate revenue by advertising goods and/or services of third parties within the App including by serving ads that you might see and respond to when using the App. For example, another mobile application you might want to use/play.

B. Certain links, including hypertext links, from the App may take you outside the App and even the platform it is played on. This includes when you respond to an ad showing another app to use or play as outlined in paragraph 5(A) above. This does not imply endorsement by us of the linked site, its operator or its content. You acknowledge that we do not control the content on such websites and we do not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read carefully. You access such sites at your own risk.

6) REPRESENTATIONS AND WARRANTIES IN RELATION TO THE APP AND SERVICES

A. WE WILL EXERCISE ALL REASONABLE SKILL AND CARE IN MAKING THE APP AVAILABLE TO YOU. HOWEVER, WE ARE NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE APP OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN THE APP (OR PROVIDED AS PART OF THE APP) THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD-PARTY PARTNERS).

B. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.

C. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND DO NOT PROMISE THAT THE APP AND ALL APP MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.

7) USER REPRESENTATIONS AND WARRANTIES

A. You represent, warrant and covenant (as applicable) that:

All statements and declarations, including but not limited to those relating to your State of residence, age and location of using the App, and other personal information and financial information, are true, accurate and complete;
You will not utilize the App for any other purpose except for the purposes specifically contemplated herein;
No copies of this App or any portions thereof may be made by you or any person under your authority or control.
You will not hold us liable and/or responsible if you do not receive your Prize due to inaccurate or wrong details being provided by you.

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).

9) INDEMNITY

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:

YOUR USE OF THE APP AND THE GAMES;
YOUR BREACH OF ANY PROVISION OF THE TERMS, INCLUDING BUT NOT LIMITED TO FALSE OR INCOMPLETE DECLARATIONS OR INFORMATION;
USING THE APP FROM A RESTRICTED STATE AND/OR BEING UNDER AGE AND/OR OTHERWISE USING THE APP ILLEGALLY; AND/OR
ANY FRAUD, NEGLIGENCE, WILFUL MISCONDUCT OR INTENTIONAL WRONGDOING ON YOUR PART.

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.

10) TERMINATION
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:

with immediate effect, without any notice and for any reason, at any time, terminate or suspend your use of the App including if we suspect fraudulent activity or if we cease to offer the App for commercial or regulatory reasons;
verify your information by requesting certain documents and refuse your requests to play the App if we believe there is reason to do so;
take any steps (for example, technical or legal steps) to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and

If your use of the App is terminated because of your own wrongdoing (such as breaching any of these Terms) than any unclaimed Prizes and/or Rewards will be lost. If your use of the App is terminated because of our decision due to regulatory prohibitions and/or breach of the terms and conditions and/or terms of service, then it that event you will be able to claim any unclaimed Prizes and/or Rewards within 30 days of termination, provided you have produced sufficient evidence proving that you are not in breach of the regulatory prohibitions and/or terms and conditions and /or terms of service of the App.

C. You may uninstall the App from your device at any time. If you want your data wiped at any time then you can email us at incrediblegamesindia@gmail.com with such a request and we will take action accordingly.

9) GENERAL

A. Waiver: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right.

B. Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you and we except for Google or Apple and their subsidiaries who shall have the right to take action against you for any breach of these Terms.

C. Severability: If any part of these Terms is deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

D. Rights and obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.

E. Entire agreement: These Terms and PP set the full extent of our obligations and liabilities concerning the App and replace any previous agreements and understandings between us.

F. Governing law and jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising in connection with these T&C shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

G. Force Majeure: We shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labour disputes or disturbances, materials shortages, riots, acts of war, epidemics or pandemics, governmental regulations, communication or utility failures, or casualties.

H. Notices: Any notice, direction or instruction given under the shall be in writing and delivered (i) in the case of the Company to the user, by email, details of which if provided by the user; and (ii) in the case of the user to the Company, by email to the Company’s designated email incrediblegamesindia@gmail.com.

These Terms of Service were last updated on: 19th April, 2021