Terms of Use | Quizzop

Last updated on 29th December, 2022.

These Terms of Use (“Terms”) are applicable to the users (and their legal heirs and representatives) (“User”, “Users”, “You”, “Your”) of www.quizzop.com, www.quizsop.com, www.quizzop.co, www.quizzop.net, www.quizzop.in, www.quizzlite.com, www.quizzop.mobi any subdomains of any aforementioned URL, the progressive web applications of any aforementioned URLs or their subdomains, and mobile applications launching any aforementioned URLs or their subdomains (collectively “Platform”) or the Content (as defined below).

On the Platform, Users will find digital content, including but not limited to, quizzes, trivia, games, and videos (“Content”) which are licensed, and / or purchased, and / or developed by Advergame Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at L-29, First Floor, Connaught Place, New Delhi – 110 001, India (“We”, “Us”, or “Our”). We own, manage, and operate the Platform.

Your access, viewing, browsing, engaging with, registration, and / or any other activity (together, “Use”) on the Content and / or the Platform is subject to and shall be governed by these Terms, together with all policies, notices, guidelines, disclaimers, that are published on the Platform from time to time (collectively referred to as “Agreement”), including, without limitation, Our privacy policy accessible at https://static.quizzop.com/legal/privacy.

The Platform and / or the Content can also be made available to You on third-party platforms, including but not limited to, third-party websites, mobile applications, and other internet products (“Third-Party Platforms”).

This Agreement will be applicable to You in entirety even when You Use the Platform and / or the Content from within Third-Party Platforms. In such cases, all the terms and policies of such Third-Party Platforms shall also be applicable to You.

You must be 18 (eighteen) years of age or older to Use the Content and / or the Platform in any manner. By Using the Content and / or the Platform, You hereby represent and warrant to Us that You are 18 (eighteen) years of age or older, and that You have the right, authority, and capacity to Use the Content and / or the Platform, and that You agree to abide by this Agreement.

All Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act, including minors, undischarged insolvents, etc. are not eligible to Use the Platform and / or the Content.

These Terms describe a contractual agreement between the User and Us regarding the User’s Use of the Content and / or Platform. We have the right to refuse Use of the Platform and / or the Content to the User at Our sole discretion for any or no reason. These Terms shall be enforceable against You in the same manner as any other written agreement and shall regulate and govern the relationship between Us and You and shall be fully binding on You. Without limiting the foregoing, You specifically acknowledge that We reserve the right to terminate or limit Your Use to the Content and / or the Platform if We determine, in Our sole discretion, that the You have violated this Agreement, and / or any other guideline or policy issued by Us, as maybe updated from time to time, including any activities that adversely affects the experience of other Users.

You agree not to enter into any contractual provisions in conflict with this Agreement.

If you do not agree with these terms, then you must refrain from using the content and / or the platform. By using the content and / or the platform, you irrevocably accept this agreement (as updated from time to time) and agree to abide by the same.

We shall have the right at any time to change or discontinue any aspect or feature of the content and / or the platform. It is your responsibility to review these terms periodically for any changes. Your continued use of the content and / or platform subsequent to such changes will indicate and imply your acceptance to such revisions.

USER COVENANTS
1. By Use of the Content and / or the Platform, You agree that You meet with the eligibility criteria as detailed in the recitals above and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms. You are responsible for the accuracy of the information, including, Your age, that We may ask You to provide. We will not be responsible and / or liable for verifying the accuracy and / or the authenticity of Your information. We have the right to but not the obligation to ask You to provide a governmentissued identity proof. For further information on Our handling of Your information, please refer to Our privacy policy located at https://static.quizzop.com/legal/privacy.
2. You shall not Use the Content and / or the Platform by any other means other than through the interfaces that are provided by Us and / or by a Third-Party Platform as authorized by Us.
3. You shall not acquire, copy, or monitor any portion of the Content and / or the Platform in any manner to: (a) reproduce or circumvent the navigational structure or presentation of the Content and / or Platform; or (b) to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform and / or Content.
4. You shall not alter or delete or attempt to alter or delete any attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Content and / or the Platform.
5. As mandated under the provisions of Regulation 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, We hereby inform You that You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating and / or sharing any information that:
  1. belongs to another person and to which You do not have any right
  2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, hateful, racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever, inconsistent with or contrary to the laws in force;
  3. is harmful to children;
  4. infringes any patent, trademark, copyright, or other proprietary rights;
  5. violates any law in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
  7. impersonates another person;
  8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, causes incitement to the commission of any cognizable offence, prevents investigation of any offence, or is insulting any other nation; or
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
6. Users are also prohibited from:
  1. violating or attempting to violate the integrity or security of the Content and / or the Platform, the Platform Material (as defined below), and / or Our servers, technical architecture, and networks;
  2. transmitting any information on or through the Content and / or the Platform that is disruptive or competitive to the Platform, and / or Content, and /or Platform Material;
  3. submitting on the Content and / or the Platform, false or inaccurate information;
  4. using any engine, software, tool, malware, or other mechanism (such as spiders, robots, page-scrapes, worms, time bombs, cancel bots, intelligent agents, etc.) that can disrupt, hamper, or harm the Content and / or the Platform or other Users of the Content and / or the Platform;
  5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Content and / or the Platform, or attempting to create any derivate works of the Platform, and / or the Content, and / or the Platform Material;
  6. copying, duplicating, broadcasting, transmitting, or making commercial use in any manner any of the Platform, including the Platform Material, and / or the Content;
  7. attempting to gain unauthorized access to: (a) any portion or feature of the Content and / or the Platform, other systems, networks connected to the Content and / or the Platform; or (b) accounts of other Users;
  8. making any negative, denigrating, or defamatory statement / comment about the Content and / or the Platform, Us, and / or any brand name or domain name used by Us, or otherwise engaging in any conduct or action that might tarnish Our image or that of any of other Users of the Content and / or the Platform; or
  9. manipulating identifiers to disguise the origin of any message, transmittal, or signal You send through the Content and / or the Platform, including use of any software to communicate Your location to Us incorrectly.
7. Users are also obligated to:
  1. refrain from claiming any ownership rights to the Content and / or Platform Material;
  2. read the Agreement and accept the terms and conditions set out therein;
  3. store their login credentials to the Platform, if applicable, securely and acknowledge that the Platform or We are in no manner responsible for any consequence arising from the Users not storing their login credentials securely;
  4. warrant to Us that You will comply with all applicable laws, statutes, ordinances, regulations, and treaties in connection with the Use of the Content and / or the Platform. You further warrant that You will not Use the Content and / or the Platform in any way prohibited by the terms contained in this Agreement or under any applicable law.
  5. not refuse payment, if payment is due from You to Us. Currently, We do not levy any fee for Using the Content and / or the Platforms. We may, in future, charge Users certain fees for the Use of the Content and / or the Platform. You agree to pay any such fees, as may be applicable, if You Use the features of the Platform that are chargeable. We will ensure that You are made aware of the applicability of any fees for a particular use of the Content and / or the Platform, as well as the amount of fees payable by You for any such use of the Content and / or the Platform. You agree that We may, at any time, charge, modify, or waive fees required to Use the Content and / or the Platform. Your continued Use of the Content and / or the Platform after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms to such changes; and
  6. Use the Content and / or the Platform for personal and non-commercial use only.
8. You hereby authorize Us to declare and provide declarations to any governmental authority on request on Your behalf.
9. We shall not be liable for any misuse of the Personal Information shared by You with Us on the Platform, or through Your profile, or with a third party on the Platform, chat rooms, forums, or comments. For further information, please refer to Our privacy policy located at https://static.quizzop.com/legal/privacy.
10. We reserve the right, at any time, to (i) upgrade, update, change, modify, or improve the Content and / or the Platform, including the Platform Material in a manner We may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of this Agreement in substance, or as to procedure or otherwise, in each case which will then be applicable to You. Such changes shall be made applicable when they are posted and shall be effective on the date they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to this Agreement by Us shall be binding on You. We may also alter or remove any content from the Content and / or the Platform without notice. Your continued Use of the Content and / or the Platform following the changes or updates will mean that You accept such changes or revisions to this Agreement and agree to abide by it. We recommend that You visit this page periodically to be sure You are aware of the most recent Terms.
11. The Content and / or the Platform may contain links to Third-Party Platforms, external services and resources, including links of advertisers whose advertisements are run by Us on the Content and / or the Platform. The availability and content of such Third-Party Platforms is not controlled, reviewed, or monitored by Us. You agree that viewing or utilizing services and resources of such Third-Party Platforms, including those of advertisers on the Content and / or the Platform, is done at Your own risk. We do not warrant or make any representations regarding the correctness or accuracy of the content on such Third-Party Platforms and advertisements. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Platforms or advertisements. We do not in any way endorse these Third-Party Platforms, including, without limitation, advertisements, on the Content and / or the Platform
12. The Platform including the Platform Material, and / or the Content can be made accessible on Third-Party Platforms. Use of the Platform and / or the Content through such Third-Party Platforms shall not mean that the objectives, policies, terms, or content guidelines of such ThirdParty Platforms are the same or similar to the objectives, policies, terms, or content guidelines of the Platform and / or the Content. Further, We cannot confirm whether the Platform and / or the Content has been made available on such Third-Party Platforms with Our approval. We are not responsible for any representation of such Third-Party Platforms and no liability can arise upon Us consequent to such representation, its correctness, or accuracy. You are advised to read the terms and policies of all Third-Party Platforms where You find the Platform and / or Content, and decide independently whether You wish to use such Third-Party Platforms. We claim no understanding or knowledge of the terms and policies of such Third-Party Platforms. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such Third-Party Platforms. We do not in any way endorse such Third-Party platforms.
13. COMPLAINTS & GREIVANCE OFFICER
  In case of any grievance or complaint, You may write to Us at:helpdesk@gamezop.com
  We also have a Grievance Officer to address Your concerns regarding data safety, privacy, the Content, and / or Platform usage concerns, including complaints You may have against other Users. We will send Our response to the issues raised by You within 30 (thirty) business days from receiving them. You may contact the Grievance Officer at the following coordinates:
  Name: Aadesh Anish
  Office Hours: 10 am – 7.30 pm (Mondays to Fridays, except holidays)
  Email: aadesh.anish@gamezop.co
14. REPRESENTATIONS AND WARRANTIES
  1. THE CONTENT AND / OR THE PLATFORM, INCLUDING PLATFORM MATERIAL AS HOSTED BY US IS PROVIDED ON AN “AS IS” BASIS, AS AVAILABLE, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE PLATFORM BY ANY USER OR THIRD PARTY. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT AND / OR THE PLATFORM, INCLUDING THE PLATFORM MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS UP-TO-DATE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT AND / OR THE PLATFORM WILL BE ACCESSIBLE AT ALL TIMES.
  2. While We shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Content and the Platform by using reasonable efforts, We will not be liable for any interruption that may occur in Your Use of the Platform and / or the Content.
  3. NO GUARANTEES
    Among other things, We do not guarantee, covenant, or warrant that:
    1. The Content and / or the Platform will meet the User’s expectations;
    2. The Content and / or the Platform will be accessible / available at all times without interruption or in a timely, reliable, or fault-free manner;
    3. the Platform Material is complete, true, accurate, or non-misleading; or
    4. The results obtained through Use of the Content and / or the Platform will be correct and reliable.

The User shall be solely responsible for damages to the User’s device or data arising from Use of Content and / or the Platform, including the Platform Material.

No guidance or information, written or oral, obtained from Content and / or Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

LIMITATION OF LIABILITY
User specifically acknowledges and agrees that in no event shall We and / or Our affiliates be liable to the User or anyone claiming through the User in respect of any subject matter of this Agreement under contract, negligence, strict liability, or other legal or equitable theory for any special, incidental, indirect, punitive, exemplary, or consequential damages, including but not limited to, loss of profits and / or anticipated profits whatsoever, including those resulting from loss of use, data or profits, loss of opportunity, loss of revenues, loss of goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), whatsoever, including those resulting from loss of use, data, or profits for any cause of action, including contract, tort (including negligence), or otherwise and any other loss whatsoever, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, arising out of or in connection with:
1. The Use or inability to Use the Content and / or the Platform;
2. Any message received through the Content and / or the Platform;
3. Any transactions made by means on the Content and / or the Platform;
4. Third party claims against the User;
5. Unlawful access to or modifications of data transmissions; or
6. Any other circumstances related to the Content and / or the Platform
We exempt Ourselves from any claims for damages relating to the Content and / or the Platform access, function, quality, possible errors, bugs, and other factors relating to the Content and / or the Platform.
Notwithstanding anything to the contrary contained in this Agreement or elsewhere, You hereby agree that Our maximum aggregate liability for all Your claims under this Agreement, in all circumstances, shall be limited to Indian Rupees 10,000/- (INR Ten Thousand only).
FORCE MAJEURE
We will not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly, affecting Content and / or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, operation of law, war or threat of war, sabotage, civil unrest, lockdown, demonstrations, fire, storm, flooding, explosion, earthquake, pandemic, epidemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Our control hindering, delaying, or complicating the maintenance of the Content and / or the Platform entitles Us to suspend or limit the Content and / or the Platform until further notice.
INTELLECTUAL PROPERTY RIGHTS
All reproduction or distribution of any material on the Content and / or the Platform, including but not limited to, text, photographs, video clips, music, and software programs is strictly prohibited, unless explicitly stated otherwise. We reserve any and all rights not expressly granted herein.
Our trade name, logo, and all related trademarks, product and / or service names and slogans used on the Content and / or the Platform are Our property and may not be used in any way without Our prior written approval. User’s Use of the Content and / or the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Content and / or the Platform.
The information, text, graphics, images, banners, icons, logos, data, sounds, video clips, software codes, interface, designs, colour schemes and representations of the Content and / or the Platform, arrangement and assembly of the Content, and / or any of the other material or services accessible or available through any part of the Content and / or the Platform (together, “Platform Material”) are properties that belong to Us / Our parent company / affiliates and / or Our suppliers / vendors / partners, and are protected under copyright, trademark and other applicable laws. You shall not modify the Platform Material, create derivative works of, sublicense, sell, rent, lease, transfer, assign, time share, reproduce, display, publicly perform, distribute, reverse engineer, or otherwise Use the Platform Material, in any way for any public or commercial purpose or for personal gain.
We authorise You to Use the Platform Material, solely for ease of navigation and Use of the Content and / or the Platform. We, therefore, grant You a personal, non-exclusive, non-transferable, non-assignable, non-sub licensable, non-commercial, without right to exploit, limited, and revocable permission to Use the Content, and / or Platform, and / or the Platform Material.
ADVERTISEMENTS
We may include, offer, or pormote third-party products on the Content and / or Platform through digital advertisements, whether fetched directly from advertisers and / or sourced from third-party advertisement 8 networks.
We shall not be liable for any terms and conditions, privacy practices, products, services and / or the content of the Third-Party Platforms, advertisers, brands, or sponsors, whose advertisements appear on the Content and / or the Platform.
The Users shall be solely responsible for checking the privacy policy, terms of use, and reviews of such Third-Party Platforms, before exploring their mobile applications, websites, and other internet products to safeguard their interests.
If Users find any advertisement on the Content and / or the Platform inappropriate, unsuitable, or violative of any applicable law, they must immediately inform the Grievance Officer on the co-ordinates mentioned in Section 1.13. Upon receipt of such complaint, We shall try Our best to verify the User’s claims and, if such claims are found to be authentic, to restrict such advertisement from re-appearing on the Content and / or the Platform.
TERM AND TERMINATION
1. Term: The Agreement will remain in full force and effect while You are registered with or Use the Content and / or the Platform, including the Platform Material, in any form or capacity.
2. Termination: Users who have been barred / suspended on the basis of the reasons cited below, will not be entitled to Use the Content and / or the Platform, including the Platform Material, for any purpose, until We at Our sole discretion lift such suspension or restriction. Suspension can occur, with or without prior notice, in relation to the entire Platform or all Content or certain sections of the Platform or Content for, including, without limitation, the following reasons:
  1. if the User violates or attempts to violate the security of the Content and / or Platform including, without limitation:
    - Cheating, fraud, misrepresentation, misconduct, and negligence by the User;
    - Accessing or attempting to access data not intended for the User;
    - Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without authentication;
    - Using the Platform without authorization, in violation of this Agreement, partially or in entirety, and / or in violation of any applicable law; or
    - Using any service that blocks or hinders any kind of advertising on the Content and / or the Platform.
  2. The User violates any or all terms of this Agreement or instructions on the Content and / or the Platform;
  3. The User shares false information at the time of signing up for the Platform, and if applicable, while Using the Content;
  4. We have reason to suspect a crime, misuse, fraud, or attempt of such in relation to Use of the Content and / or the Platform;
  5. We consider it to be necessary for safety reasons or for Our reputation; or
  6. We are forced to do so pursuant to legislation or ruling of a competent authority
  We may retain any information and associated records that are required to be retained or preserved under applicable laws, including post termination of Your account, and irrespective of whether such information or content has been removed or access to it has been disabled for the User.
INDEMNITY
1. The User shall indemnify, defend, and hold harmless Us and Our group companies, affiliates, associates, officers, directors, employees, consultants, licensors, agents, and representatives, if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or in connection with:
  1. Your breach of the Agreement;
  2. Your Use of the Content and / or the Platform, including Platform Material;
  3. Your violation of any applicable laws;
  4. actual and / or alleged infringement, by any other user of Your account on the Platform;
  5. action or inaction on behalf of the User while participating in the Content and / or in the Platform;
  6. actual and/or alleged infringement of any intellectual property or other right of any person or entity; and
  7. any dispute between User and third party to which We are made a party in relation to the Content and/ or the Platform.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
1. The Agreement and any contractual obligation between Us and You under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at New Delhi, India.
2. If any dispute or difference of any kind whatsoever shall arise between the User and Us in connection with or arising out of this Agreement, both Us and the User shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. We may at Our option, seek to settle any dispute arising out of or in connection with this Agreement through arbitration, mediation, and / or conciliation in accordance with applicable laws of India. The seat of such arbitration, conciliation, or mediation proceedings shall be New Delhi, India. The arbitrator or mediator shall be conducted by a sole arbitrator to be appointed by Us, at Our discretion. Arbitration, mediation, and conciliation awards shall be final and binding on Us and the disputing User, and shall be enforceable in any court of competent jurisdiction.
SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Agreement shall continue in full force and effect.

WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

ASSIGNMENT
You will not transfer, assign, or delegate Your rights or obligations under this Agreement to anyone without Our express written permission. We may assign this Agreement or its rights, or obligations hereunder to anyone in Our sole discretion.
NOTICES
1. All notices and communications intended for Us, the Content, and / or the Platform shall be in writing, in English and shall be deemed given if delivered by e-mail to:
  
  Attn: Aadesh Anish
  Email: aadesh.anish@gamezop.co
2. Legal notices to You will be served on the email address or phone number You provide to us while registering as a User on the Platform.

This document is an electronic record in terms of Information Technology Act, 2000 of India (“IT Act, 2000”) and the applicable rules thereunder, and / or any other prevailing laws and the applicable rules thereunder, and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.