TERMS OF USE

General Introduction
  • Any use of this application Quizistan and the services provided therein (hereinafter referred to as “Application”), owned and operated by Inquizitive Games Private Limited (hereinafter referred to as "Company," or "us," or "we"), a company incorporated under the Companies Act, 1956/ 2013 having its registered office at Shed No. 96, DISC Industrial Area, Okhla, Phase I, New Delhi- 110020, India is subject to these Terms of Use.
  • Please read these Terms of Use carefully before using or registering on the Application.
  • For the purposes of these Terms of Use, the term ‘User’ shall mean and include the individuals who shall sign up themselves on the Application, after providing the information as requested, in order to play and contest in the live online quizzes (“Quiz”) available on the Application.
  • The Terms of Use as provided in this Application is provided in an electronic format as prescribed under the Information Technology Act, 2000 and Rules made thereunder and the amendments regarding documents preserved in electronic format. These Terms of Use will be considered as the governing medium between the User and the Company.
  • Downloading, installing, browsing or otherwise using the Application signifies acceptance of these Terms of Use as well as agreement to be legally bound by the same.
  • These Terms of Use constitute the comprehensive terms and conditions for the use of the Application. Any non-compliance with these Terms of Use may lead to disqualification from using the Application.
  • The Company reserves all rights to alter these Terms of Use as it may deem fit in its sole and absolute discretion without any obligation of issuing prior notification.
  • This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
  • Any changes made to these Terms of Use by the Company will be effective immediately and any continued use of the Company after such change constitutes acceptance of such changes.
  • In order to use the Application, agreement to these Terms of Use is the first step. The Terms of Use can be accepted by simply clicking on the space provided adjacent to “I Agree to Terms & Conditions”.
  • The Application must not be used in any manner in case there is non-acceptance of these Terms of Use or inability to be bound by them.
Eligibility criteria
  • The Users willing to register on the Application hereby represent and warrant being at least eighteen (18) years of age or above and being fully able and competent as has been defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
  • Persons who are incompetent to contract within the meaning of Indian Contract Act, 1872 including minors, insolvents etc. are not eligible to use the Application. Any visit or use of the Application shall be treated as representation of being competent to enter a contract.
  • Only those Users which comply with all laws and regulations in force shall be eligible to register on the Application. The Application shall be used only in compliance with these Terms of Use in a manner that does not violate the Company’s legal rights.
Restricted Territories
  • The Application is not intended for Users connecting to the Application from a jurisdiction which prohibits online games involving stakes.
  • The Application is prohibited to be downloaded or used by Users residing in the states of Assam, Orissa, Telangana as the Assam Game and Betting Act, 1970, Orissa (Prevention) of Gambling Act, 1955 and Telangana State Gaming (Amendment) Ordinance, 2017
  • If any other State in India introduces any law or amendment in existing law prohibiting games involving stakes, then in such case individuals from such state shall be prohibited from using or downloading the Application.
  • The Company shall not accept registration of individuals residing in the aforementioned states and if an individual fraudulently becomes a User of the Application, then the Company reserves the right to immediately terminate the account of such User. Further, such User shall indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from breach of this provision.
  • Subject to the above clause, the Application is allowed to be downloaded or used by citizens of India only. Citizens and/or residents of countries other than India are prohibited to use the Application.
Legality
  • Games of skill are excluded from the ambit of gambling legislations in India, including the Public Gambling Act of 1867. The Supreme Court of India has held in the case of State of Bombay v. RMD Chamarbaugwala A.I.R., 1957 S.C. 699 that a game where success depends on substantial degree of skill despite the presence of an element of chance, such games are not considered “gambling” and are classified as “games of skill”. Further in the case of KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153), it was held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
  • The Quizzes available on the Application are games of skill as the Users shall depend primarily on their skill and knowledge in participating and contesting in such Quizzes. By participating in a Quiz, the User acknowledges that he/she is participating in a game of skill.
Signing Up
  • In order to use the Application and to play the Quizzes available on the Application, the User must first download the Application and create an account by signing up on the Application and providing the information as required.
  • The User who chooses to sign up on the Application and provide data, shall be responsible for maintaining the confidentiality of the User ID and Password.
  • On successful signing up, the User as the case may be, will be able to access his/her own account by using the user name and password chosen during the signing up process. The User shall be responsible for all activities that occur under his/her User ID and Password.
  • 5.4 Further, such the User agrees, inter alia, to:
    • Provide true, accurate, current and complete information as prompted by the Application’s signing up form while registering (such information being the "Signing Up Data");
    • Maintain and promptly update the Signing Up Data to keep it true, accurate, current and complete at all times;
    • Immediately notify the Company of any unauthorized use of password or account or any other actual or suspected breach of security; and
    • Ensure that logging out from account at the end of each session.
  • For the purposes of these Terms of Use, the term ‘Personally Identifiable Information’ or ‘PII’ shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify an individual.
  • In relation to any PII being saved or processed, the Company shall meet the requirements of Information Technology Law and shall adopt the technical and organizational measures necessary to secure the PII of the User.
  • As the first step of the signing up process, the Application may require the following PII to be provided, including without limitation to:
    • Name (first and last name);
    • Email address;
    • Mobile number;
    • Residential address;
    • Date of birth
    • Educational Background
    • Copy of Aadhaar card
    • Copy of PAN card
    • Preferred language
    The above-mentioned information collected shall be subject to the Privacy Policy of the Company.
  • The User shall be individually responsible for the accuracy and correctness of all such details/information provided during registration on the Application. If the Company has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with these Terms of Use, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Application and refuse to provide access permanently or for such period as the Company deems fit.
  • The Company shall not be liable for any loss or damage arising from failure of the User to comply with this Clause. The Company shall not be liable for any unauthorized hacking of the Application leading to leakage and misuse of PII.
  • The User shall not
    • select a user name, User ID, mobile number and/or email address, of any other person with the intent to impersonate that person; or
    • use a User ID or a name subject to any rights of any other person without appropriate authorization. The Company reserves the right to refuse registration of or cancel registration of such User ID in its discretion.
  • The Company does not levy any Signing up fees for the purpose of registration on the Application.
  • In the event that an individual indicates, while entering an address that he/she is a resident of either Assam, Orissa, Telangana, such individual shall not be permitted to proceed to sign up on the Application.
  • In case a User refers or invites other individuals to use and sign up on the Application, then such User shall be entitled to benefits as per terms of the Referral Policy.
How to Play
  • Upon signing up on the Application, the User shall be entitled to play and contest in the Quizzes available on the Application by selecting the Quiz which he/she wishes to play.
  • Once a User logs in to the Application using his/her registered id and password, he shall have the choice to choose a Quiz among various Quizzes available on the Application. Each Quiz shall display the following information, based on which the User can choose a Quiz to play-
    • The subject on which the Quiz is based
    • The date and time at which the Quiz shall commence or go live
    • The fee required to play the Quiz (“registration fee”)
    • The Prize Pool of such Quiz. Prize Pool of a certain Quiz is the amount of money collected to be given as prize to the winner of such Quiz.
  • The User shall select a Quiz of his/ her choice and pay the required registration fee for such Quiz. Upon payment of the registration fees, the User shall be deemed to have joined the Quiz for playing the same at the scheduled time.
  • The User will be notified by the Application by sending a message to his/her registered email id as soon as he registers for the Quiz.
  • The User shall log in on to the Application by using his registered id and password before the scheduled time of the live Quiz and shall commence playing the Quiz. It is the responsibility of the User to be online when the game goes live.
  • Based on the correct answers provided and the speed at the which the correct answers are provided, the Company shall declare the list of winners of a Quiz from amongst the Users who had joined such Quiz.
  • Users also have the choice to spectate a live Quiz for free without paying the registration fees. However, such Users shall not be entitled to win any prize money.
  • If the total amount of registration fee paid by the Users for a particular Quiz is less than the Prize Pool value as previously displayed on such Quiz, then in such case the Company reserves the right to decrease the Prize Pool value or to cancel the Quiz in which case the registration fees of each User shall be refunded in full in the game wallet of the User.
  • The Company reserves the right to disqualify a User at any time, if the User is found or is suspected to have failed to abide by and/or are in breach of the Terms of Use or any other applicable law.
Winners and Prize money
  • Subject to Terms of Use and applicable law, the Company shall award prize money to the winners of each Quiz.
  • All the Quizzes are time based and the Users shall score on the basis of providing correct answers with greater speed.
  • The number of winners and the prize money to be awarded to each winner shall vary from Quiz to Quiz, and the Company shall determine the prize money and manner of distribution of the prize money in its sole discretion.
  • The Company reserves the right to select and declare the winners, the criteria of declaring the winners or not to declare the winners in the event no User has submitted correct answers.
  • During the live Quiz, the Application shall display, at regular intervals, a list (“rank list”) depicting the ranking of the Users playing the live Quiz. The Company reserves the right to rank two or more Users on the same rank and declare joint winners and the amount of prize amount to such winners, in case of ties.
  • The User acknowledges and agrees that the rank list displayed to the User at any point of time or at the end of the Quiz may not be updated due to software or technical issues and the Company shall not be responsible for any such issues.
  • The decision of the Company with respect to winners, the final rank list and the prize money awarded to each winner shall be final, binding and non-contestable and no correspondence in this regard will be entertained.
  • The prize money shall not be assignable or transferable and nor is any substitution permitted. Further, the Company shall in no event be liable to award any prize in lieu of or in addition to the prize money for any reason whatsoever.
  • All taxes, levies and duties due and owing under applicable and statutory laws in connection with the prize money if any, shall be the sole responsibility of the winners. Prize money of Users shall be considered as income of the Users under the Income Tax Act, 1961 and shall be subject to TDS, taxes and/or other levies, cess etc. as per applicable law. The Company shall not be liable for payment of any tax on the prize money.
  • DISCLAIMER: MIN AGE LIMIT IS OF 17+ AGE GROUP. PRIZES ARE NOT SPONSORED BY APPLE AND/OR GOOGLE.
Deposits and Withdrawals
  • While using the Application, the User will be required to deposit money in the Application (hereinafter referred to as “Deposits”) and also required to receive money from the Company (hereinafter referred to as “Withdrawal”).
  • Deposits and Withdrawals shall be processed through third party facilities, including but not limited to Paytm, Mobiwik, PayU, credit cards, debit cards and/or net banking. In case the User uses virtual wallets like Paytm, the User shall be required to link such virtual wallet to his/her account Application.
  • The User understands that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment for transactions on the Application using existing authorized banking infrastructure and payment gateway networks. By providing payment facility, the Company is neither acting as trustee nor acting in fiduciary capacity with respect to the transaction or the transaction price.
  • Any amount transferred by the Company to the User shall be take up to 15 days to process.
  • The Users shall be required to provide valid photo identification and address proof documents to process Withdrawals or Deposits of Users. The name mentioned on the User's photo identification documents should correspond with the name provided by the User at the time of signing up, as well as the name and address existing in the records of the User's bank account or virtual wallet as provided to the Company. In the event that the details provided by the User are found to be fraudulent or misleading, then the Company reserves the right to forfeit any amount due to the User and initiate civil and criminal proceedings against such User.
Types of virtual accounts
  • Deposits and Withdrawal of a User shall be stored in the virtual account of the Application.
  • The Application provides with 2 kinds of virtual accounts in the Application- Unutilized Account and Winnings Account.
  • Unutilized Account
    • The Unutilized Account reflects the Deposits made by the User for the purpose of paying the registration fees to contest in Quizzes and which have not been utilized.
    • All amounts credited into the Utilized Account must be utilized within 335 days of credit. In case any unutilized amount lies in the Utilized Account after the completion of 335 days from the date of credit of such amount, the Company reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
  • Winnings Account
    • The Winnings Account reflects the credits to such account upon winning a Quiz by the User
    • The User may withdraw an amount from the Winnings Account .Any amount to be withdrawn from the Winnings Account shall be subject to verification process as mentioned in Clause 10.
    • Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to the Company, but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account(“Auto Transfer”). In either case, the Company shall effect an online transfer to the User's bank account on record with the Company within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. The Company shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with the Company. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for the Application to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of signing up on the Application, as well as the name and address existing in the records of the User's bank account as provided to the Company. In the event that no bank account has been registered by the User against such User's account with the Application, or the User has not verified his/her User account with the Application, to the Company's satisfaction and in accordance with these Terms and Conditions, quizistan shall provide such User with a notification to the User's email address as on record with the Application least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, the Company shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide on the Application with a valid bank account or valid identification documents (to the Company's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
    • Withdrawal of any amount standing to the User's credit in the Winnings Account may be made only if the minimum amount in such account is INR 200. It is clarified that in no instance will the Company permit the transfer of any amounts in the User's accounts to any other category of account held by the User with the Application or any third party account, including a bank account held by a third party.
  • Any amount paid or transferred into the User's Unutilized Account or Winnings Account may take up to 24 hours to reflect in the User's Unutilized Account or Winnings Account.
  • A transaction, once confirmed, is final and no cancellation is permissible.
  • However, the Company n its sole and absolute discretion permit a User to cancel a transaction and refund the amount paid in the condition that the User sends a written request to the Company to cancel such payment and the cancellation request is made at least before 72 hours/days prior to commencement of the Quiz in respect of which the payment was made. The Company shall not be liable to refund amount thereafter.
  • The written request for the refund shall be addressed to help@quizistan.in 72 hours before the quiz is scheduled to commence . The company will verify the same within 7 business working days and if verified the company will initiate the refund into the original payment mode used by the customer for depositing the amount initially.
Verification of Winners
  • When a User wins a Quiz, the Company shall notify such User on the Application and shall send a email on the registered email id provided at the time of depositing money on the Application.
  • When a User seeks to make withdraw money from his/her account, the Company may require the User to submit certain information and/or documents, including but not limited to copies of PAN card, aadhar card, residence proof, bank account details, to facilitate payment of prize money to User. Prize money received by Winners shall not be withdrawn unless all information and/or documents requested by the Company have been received and verified by the Company.
  • The Company reserves the right to scrutinize and verify all information and documents submitted and may in its sole discretion disqualify any winner from withdrawing his prize money on any of the following conditions-
    • Information submitted by the User is incorrect, false or illegible.
    • User does not fulfill the Eligibility criteria.
    • User breaches any provision of these Terms of Use or any applicable law.
Service Charge
  • The Company reserves the right to charge a platform fee in respect of the services provided on the Application. The Comany shall, without delay, repay such platform fee in the event of suspension or removal or the User's account or on account of any negligence or deficiency on the part of the Company or the Application, but not if such suspension or removal is effected due to:
    • any breach or inadequate performance by the User of any of these Terms of Use; or
    • any circumstances beyond the reasonable control of the Company
  • The platform fee would be specified and notified by the Company on the Quiz page prior to a User's joining of such Quiz. The pPlatform fee and applicable tax thereon will be debited from the User’s account balance along with the registration fee for the Quiz.
  • The payment Users make to participate in the Quiz(s) is inclusive of the nominated fee for access to the Application charged by the Company. Subject to these Terms of Use, all other amounts collected from the User are held in escrow until determination of the Winners and distribution of prizes.
Obligations of the User
  • The User shall bear all Internet Carrier charges levied for the use of the Application. The User is solely responsible for the efficiency and speed of his/her internet connection and the Company shall not be liable for any loss caused to the User due slow connectivity of the User’s internet connection.
  • The User shall be solely responsible for maintaining the necessary equipment, internet connections and other related software and technologies requires to use the Application and contest in Quizzes. It is the User’s responsibility to install updates that the Application may require from time to time to use the Application.
  • The User acknowledges that the recommended versions of software for using the Application efficiently are
  • The User agrees and acknowledges that his/her participation in a quiz available on the Application is purely voluntary and at his/ her own risk. The Company is not responsible for any loss or damage suffered by the User while participating in a Quiz.
  • The User acknowledges that User is aware of the fact that by using the Application the User may not win the Quiz and hence may not entitled to any monetary gain and that the Company has no responsibility to the User for any loss of registration fees paid in the course of using the Application to play Quizzes.
  • The User agrees and acknowledges that mere participation by a User in a Quiz does not create any obligation on the Company to give him/her a prize. Winning of a prize in any Quiz is entirely dependent on the skill of the User and the rules and regulations of such Quiz.
  • The User agrees and acknowledges that upon commencement of a Quiz, his/her inability to play the Quiz due to slow or failed internet connections, faulty hardware or any reason not attributable to the Company shall be sole responsibility of the User and the Company is not liable to refund him the registration fee or any other compensation.
  • Subject to compliance with these Terms of Use, the User has the right to use the Application and play Quizzes available on it for personal purpose only, and not for any commercial purpose. The User shall not trade, sell, lease, sub license, lent, rent, grant a security interest or otherwise transfer his/her account to any third party. Further, the winnings of a User accrue to him/her alone and the Company shall not entertain requests to transfer the same to account of any other User or third party.
  • The User shall open only one account in his/her name. If the Company discovers that more than one account is being used by a User under his/her own name or any other name, then the Company shall terminate all accounts of the User and forfeit any amount and/or prize present in such accounts.
  • The User agrees and acknowledges that he/she shall not use the Application in any manner which is in violation of any law or any provision of these Terms of Use.
Fair Play
  • The Quizzes provided on the Application are for entertainment purpose only and are intended to be played with application of skill.
  • The Users agree and undertake that they shall use fair means to play the Quizzes and shall not collude with other Users or any unfair methods to win or lose.
  • The Users shall not play and contest in any Quiz in partnership or by communicating with other Users which might give benefit to other Users.
  • The Company is not responsible for any betting or gambling acts that occur outside the Application.
Prohibited use
  • The User shall not decompile, reverse engineer, or disassemble the contents of the Application or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application.
  • The User shall not attempt to gain unauthorized access to any portion or feature of the Application, any other systems of networks connected to the Application or to any server of the Company to which it has no access by hacking, password mining or any other illegitimate means;
  • Further, the User shall not use the Application in any of the following ways-
    • Interfere with another person’s use or enjoyment of the Application,
    • Transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications,
    • iii. Access or use the Application in any manner that could damage, disable, overburden or impair any of the Application’s servers or the networks connected to any of the servers on which the Application is hosted,
    • Use the Application for purposes that are not permitted by these Terms of Use or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
  • The User agrees that he/she shall not host, display, upload, publish or transmit any information or content on the Application which is-
    • incomplete, inaccurate, unlawful;
    • belongs to another person and over which the User has no right;
    • fraudulent, misleading, defamatory, libelous blasphemous, obscene, pornographic, racial, disparaging, ethically objectionable;
    • in breach of third party rights, including but not limited to, Intellectual Property Rights, Right of Privacy, Right of Publicity or any other proprietary information or right or is otherwise injurious to third parties;
    • involves the transmission of junk mail, chain letters, unsolicited mass mailing or spamming;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;
    • directly or indirectly offer or attempt to offer trade or attempt to trade any item which is prohibited by the provisions of the applicable laws in force;
Disclaimer
  • The Company strives to ensure that the all the answers of the questions in the Quizzes are correct and accurate. However, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the answers.
  • The Company makes no warranties or representations whatsoever regarding the content, completeness, or adequacy of the answers to questions of any Quiz.
  • If any new law or compliance or amendment in existing is introduced which requires the Company to obtain governmental or statutory licenses or if conduct of online games involving skill are prohibited, then in such case the Company shall terminate the Application immediately without prior notice and the Users shall be given a time period of 60 days to make Withdrawals from their accounts, beyond which all amounts in a User account shall be forfeited.
Technical Issues
  • The Company reserves the right to cancel any Quiz before it goes live or while it is live in case of any technical failures, server crashes, breakdowns software defects, disruption or malfunction of service, in which case in which case the registration fees of each User shall be refunded in full in their game wallet.
  • The Company is under no obligation to provide prize money winnings from any incomplete tournament.
  • In case there are any technical failures, server crashes, breakdowns software defects, disruption or malfunction in the Application during the live Quiz or just after completion of the Quiz, then in such case the Company is under no obligation to provide prize money to prospective winner or winners.
Access
  • Access to the Application will be uninterrupted. However, the User’s access to the Application may be occasionally suspended or restricted for the purpose of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
  • There is no warranty, representation or guarantee that the Application, or use of the Application, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Application, or any information, software or other material accessible from the Application, is free of viruses or other harmful components.
Breach
  • 18.1 Without limiting other remedies, the Company may, at its sole discretion, limit activity, immediately temporarily/ indefinitely suspend or terminate or block membership and/or refuse to provide access to the Applicarion in the event, but not limited to:
    • Breach of the Terms of Use or any other rules and policies as displayed on the Application;
    • If the Company is unable to verify or authenticate the information furnished;
    • In such circumstances wherein the Company is of the opinion that there is a violation of any law(s) in force.
  • The Users willing to use the Application also agree that any breach of these Terms of Use or any other rules or policy as displayed on the Application will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in the Company’s opinion, the Users, as the case may be, consent to pay the same to the Company, which shall not forestall the obtaining of any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies The Company may have in law or in equity.
  • If the Company initiates any legal action as a result of any breach of these Terms of Use or any other rules or policy, the Company shall also be entitled to recover all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.
Intellectual Property Rights
  • Intellectual Property of the Company includes, but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of the Company, content made literary and artistic works, schematics, patents, proposed trade secrets, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/ contracts entered by the Company, formulas, in-house softwares, VPN etc. Intellectual Property of the Company also extends to the content made available by the Company. The Company reserves the right to take any legal recourse available for the protection of its Intellectual Property.
  • The User shall not use, receive or copy any source code and look and feel of the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code of the Application for any purpose.
  • Access or use of the Application does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
Deletion/ Termination of Account
  • The User is solely responsible for properly deleting his/ her account, by sending an email to help@quizistan.in or by accessing the link _____ on the Application.
  • All of the User’s content will immediately be inaccessible from the Application upon deletion. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
  • The Company, in its sole discretion, has the right to suspend or terminate the User’s account in case of misuse of the Application or violation of any provision of these Terms of Use or violation of any applicable law. Such termination will result in the deactivation or deletion of the User’s account or access to the account, and the forfeiture of any amounts present in the account of the User. The Company reserves the right to refuse service to anyone for any reason at any time
Right of the Company to monitor the Application

The Company reserves the right to monitor the content available on its Application.

Indemnification

The User agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from the use of the Application and any violation of these Terms of Use or any applicable law.

Limitation of liability

To the fullest extent permitted by applicable laws, in no event shall the Company be liable for any damages resulting from any

  • errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from access to and use of the services including the Application;
  • any unauthorized access to or use of our servers and/or any and all PII stored therein;
  • any interruption or cessation of transmission to or from our servers;
  • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party;
  • any loss of data or content;
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted, or otherwise made available via the Application, whether based on warranty, contract, tort, or any other legal theory;
  • the disclosure of information pursuant to these terms or our privacy policy;
  • The User’s failure to keep the password or account details secure and confidential;
  • In no event shall the Company be liable for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Force Majeure

The term force majeure shall include, but not be limited to fires, floods, acts of God or the public enemy, embargoes, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of the Company in any of the aforesaid events.

The Company shall not be liable for failure to perform or any delay in performance of services when and to extent that such failure or delay is due to force majeure.

No warranties

Any and all services provided by the Company to User are provided “as is”, without warranty of any kind. The Company disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and noninfringement and all warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Without limiting the generality of the foregoing, the Company hereby disclaims any and all liability for any damage to or other impact on the User’s equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) his/her use of the Application, including but not limited to claims relating to faulty, malfunctioning or inoperable Application.

Dispute resolution
  • In case of any disputes between the Parties, both Parties agree to negotiate and resolve the disputes amicably vide mutual discussions.
  • Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination of the business relationship created by it, if is not resolved within 30 days of such discussions amongst the Parties, shall be referred to Arbitration in accordance to the Arbitration and Conciliation Act, 1996, the seat of which would be situated in Delhi.
Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Republic of India and the User willing to utilize the Application hereby consent to the exclusive jurisdiction of courts in New Delhi, India in all disputes arising out of or relating to the use of the Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

Severability

If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Headings

Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the content of the sections.