Terms and Condition

A. General

1. These are the Quizy Games Terms and Conditions of Use (‘Terms’) which form a legal and binding agreement amongst Quizy Cash Private Limited (referred to as the ‘Company’, ‘Quizy Games’, ‘us’, ‘we’ or ‘our’) and Users. Any person (‘User’) accessing www.QuizyGames.com website (‘Website’) and the Quizy Games mobile application (‘App’) including any sub-domains of the Website, or related top-level domains including www.QuizyGames.com, mobile sites, apps, APIs and widgets (hereinafter collectively referred as ‘Quizy Games Platform’), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the above mentioned Platform (jointly referred to as the ‘Content’) for participating in various contests and games hosted on Quizy Games Platform ('Quizy Games Services') by such permitted persons/ entities listed in Annexure A to these Terms (‘Host Entities’), shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Quizy Games in relation to any Quizy Games Services.
2. You acknowledge and agree that by using, browsing or otherwise accessing the Quizy Games Platform and Quizy Games Services, you agree to be bound by these Terms and our Privacy Policy (see here). You acknowledge that we provide use and access to our Platform services to you subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant and undertake to be bound by the terms and conditions of each of the Host Entities, in relation to the games and the format of games hosted by them over the Quizy Games Platform. Such terms and conditions are available at Annexure A to these Terms against each of the Host Entities. Such terms and conditions shall constitute a separate and independent agreement between each User and the relevant Host Entity. Quizy Games is not a party to such agreement and shall not be liable to any User for the obligations of the relevant Host Entity under the same.
3. We reserve the right to change any of the Terms for using Quizy Games Platform or Quizy Games Services at any time by publishing new Terms. Quizy Games may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Quizy Games, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Quizy Games. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Quizy Games.
4. Participation in any game or contest on the Quizy Games Platform or viewing of certain content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You should ensure that you have read and understood the rules and regulations of the games, contest, tournament available through the Quizy Games Platform. You agree to be bound by and abide by the rules and regulations of each of the games as may be published and periodically changed by the relevant Host Entities.
5. Quizy Games may, at its sole and absolute discretion: · Move or remove any content that is available on Quizy Games Platform; · Establish general practices and limits concerning use of Quizy Games Platform; · Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered Email Ids)
6. Your use of information on our Platform including results, fixture lists, statistics, data and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any content or information generated on our Platform by or on behalf of us, and any Third-Party Content on our Platform). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Platform or publications.
7. You hereby expressly agree and acknowledge that Quizy Games may share information, data or content provided to it by you, to the Host Entities, to the extent necessary to enable such User to play the games hosted on the Quizy Games Platform. Such information may be shared with the relevant Host Entity, the games hosted by which are sought to be played by the User, at the time at which the User agrees to play any game hosted by such Host Entity.

B. Description of Services Offered

8. Quizy Games gives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the platform that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to play game of skill as hosted on the Quizy Games Platform, in the manner specified by these Terms.
9. It is clarified that the Quizy Games is only the platform service provider, over which the various games are hosted by the Host Entities. Quizy Games’s obligation is solely limited to provide access of the Quizy Games Platform to the Users in accordance with these Terms. Quizy Games is not responsible for the games hosted by the Host Entities on the Quizy Games Platform and is not involved with the risk or reward that follow or that are incidental upon playing the games hosted.
10. Subject to your compliance with these Terms, Quizy Games grants you a limited, non-exclusive, non-transferable, non-sub licenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
11. The Services may change or be modified from time to time without prior notice or communication. Quizy Games reserves the right to change, modify or delete the Quizy Games Platform or Quizy Games services, information, and Terms listed thereon at any time without prior notice.
12. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Quizy Games on the Services are subject to change.
13. When access games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. It is the Host Entities’ obligation to ensure that such rules, scoring, controls and guidelines etc. in relation to the games hosted by it. The Users agree to comply with such rules, scoring, controls and guidelines etc.
14. Any charges related to Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.

C. User Registration

15. . In order to access the Quizy Games website or fully utilize the Quizy Games Platform offered by Quizy Games, a User is required to register on the Platform. You are not authorized to access any of our Platform, until you have been granted an Account (defined below).
16. . If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. Each User is only permitted to open one account. Quizy Games reserves the right to terminate or suspend any duplicate accounts.
17. . In order to apply for an Account, you must complete the form and provide certain details, as provided below, in accordance with the instructions on the Website:
a. Full Name
b. Team Name(s)
c. E-mail address
d. Password
e. State of Residence
f. Gender
g. Date of birth
18. You can also register or log in through your Google or personal e-mail address. You may also be required to provide your mobile number for verification purposes, and verify such mobile number using a one-time passcode sent to your mobile number. Permission to open the account shall be determined by Quizy Games or its representatives, in their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that decision of Quizy Games in this regard shall be final.
19. . Persons who wish to register an Account must have a valid e-mail address, mobile number, PAN card & bank account.
20. . You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. We reserve the right to request proof of age at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform, if proof of age is not provided or if Quizy Games suspects that a person doing so is under the age of 18 years. Parents and guardians should monitor their children's / ward’s online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.
21. You agree to provide true, accurate, current and complete information at the time of registration and at all other times. You agree to update and keep updated all information provided for the purposes of registration. You undertake that all information provided by you from time to time is true, accurate, current and complete to your personal knowledge.
22. . Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform and play the game(s) hosted by the Host Entities. You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Quizy Games.
23. You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the account of another User.
24. If it comes to the knowledge of Quizy Games that a User is operating multiple accounts, in such case Quizy Games reserves the right to restrict or ban such User’s accounts, at its sole and absolute discretion and without any notice. Any balance in such User’s accounts is liable to be forfeited by Quizy Games.
25. You may also be required to verify any credit card / bank account you use to credit funds, and also any bank account you want to withdraw to.
26. By accepting these terms and conditions upon registration, you give consent to Quizy Games to disclose your personal information provided to us to a third-party agency to assist in verifying your identity. The third-party agency may prepare and provide Quizy Games with such an assessment and may use your personal information including the names, residential addresses and dates of birth, financial information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy in this regard.
27. . You acknowledge that your participation in any Game(s) available on the Platform is purely voluntary and at your sole discretion and risk.

D. Skill Based Quiz games played on the Quizy Games Platform do not qualify as Gambling and Lottery

The Quizy Games Platform shall only host those games that can be regarded as games of skills. The Host Entities shall strictly adhere to same.

E. Platform not offered in Assam, Odisha, Telangana, Nagaland, Sikkim and Andhra Pradesh

28. . Quizy Games may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the game(s) hosted by the Host Entities. Currently, individuals residing in the Indian states of Assam, Odisha, Telangana, Nagaland, Sikkim and Andhra Pradesh are not allowed to participate in the paid versions of the game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Quizy Games Platform will therefore be restricted.
29. You agree and acknowledge that we may monitor or use certain technologies and monitoring of activities including logging of your IP address to ascertain and verify your geographical location. As a final check, we also use the bank details as address proof during KYC approval.
30. Quizy Games does not allow the Users residing in the aforesaid Indian states to create an account. Users agree and acknowledge that if a person residing in such Indian state becomes a User by giving false information, the liability shall be solely on the User and Quizy Games reserves the right to delete/remove such Account without any notice and such User shall not have any right to redeem or demand the Account balance of such Account.
31. . You agree and accept that Quizy Games shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such User by the respective State Governments or the Central Government of India as the case maybe.
32. Users from all Indian states have to always ensure that they are complying with the applicable state laws and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration, whatsoever, will be extended to the User.

F. Security

33. . Access to your Account and to add, to delete or modify any content on your Account is password protected. You must memorize your password or store your password in a safe and secure place. You agree that you will not disclose your password to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.
34. You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited, to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.
    
    You should routinely check the ‘Account Balance’ section of your Account to ensure that there has been no unauthorized use of your Account. If you suspect any unauthorized activity you must change your password immediately and contact support@QuizyGames.com.

G. User Conduct

35. In accessing or using our Platform you agree that you will not:
    • use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any content thereon without our express prior written consent;
    • use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform;
    • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
    • use or index any content or data on our Platform for purposes of competing with us in any manner that we have not specifically authorized; transmit spam, chain letters, Games, junk email, surveys, or other mass messaging, whether commercial in nature or not;
    • use our Platform or any content there from in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
    • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
    • pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
    • act in violation of any Term or condition of use our Platform;
    • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any content thereon, except as expressly authorized by us; or
    • transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
36. If you choose to submit any content by way of question on the Platform, you hereby warrant that no contribution shall:
    • be considered to be, unlawful, threatening, abusive, bigoted, hateful, libellous, tortious, blasphemous, false or misleading, discriminatory, defamatory, obscene, vulgar, offensive, excessively violent, invasive of another’ privacy, publicity, contract or other rights, pornographic or inclusive of nudity, pedophilic, profane, sexually explicit, indecent, racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatsoever;
    • constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
    • constitutes or contains false or misleading indications of origin or statements of fact;
    • contains any information, software or other material of a commercial nature;
    • contains advertising, promotions or commercial solicitations of any kind;
    • harasses or harms another person;
    • exploits or endangers a minor;
    • impersonates or attempt to impersonate any person or entity;
    • belongs to another person and to which you do not have any right to;
    • threatens the unity, integrity, defense, security or sovereignty of the territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
37. . As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platform or set forth by the relevant Host Entities in relation to the games that you may choose to play.
38. The Users admit that they may be exposed to content posted by other Users which they may find offensive, obnoxious or indecent and that we may not be able to prevent such content from being posted. Such content should be brought to our notice. We shall act upon the information as it deems acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.
39. We reserve the right to prevent unauthorized access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity
40. . In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.
41. You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your User account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.
42. Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Quizy Games may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
    

    restricting, suspending, or terminating any User's access to all or any part of Quizy Games Services;

    deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Quizy Games subject to a processing fee (if any) applicable on such transfers as set out herein; or

    refraining from awarding any prize(s) to such User.

43. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Quizy Games). Users further agree to update and keep updated their registration information.
44. Users agree to ensure that they can receive all communication from Quizy Games by marking e-mails or sending SMSs from Quizy Games as part of their ‘safe senders’ list. Quizy Games shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
45. . If a User chooses a username that, in Quizy Games's considered opinion is obscene, indecent, abusive or that might subject Quizy Games to public disparagement or scorn, Quizy Games reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Quizy Games, deny such User access to Quizy Games, or any combination of these options.
46. . Unauthorized access to Quizy Games is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Quizy Games Platform by any means other than through the interface that is provided by Quizy Games for use in accessing Quizy Games. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
47. . Use of the Quizy Games Platform is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Quizy Games's right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of the Quizy Games Platform.
48. Quizy Games may not be held responsible for any content contributed by Users on the Quizy Games Platform.

H. Payment Terms

49. In respect of any transactions entered into on the Quizy Games platform for playing game and contest(s), Users agree to be bound by the following payment terms:
    For participating in any game, User will pay Contribution which will be inclusive of the following:

    • Pre-designated platform fee (for each kind of game hosted by the Host Entities, as described in Annexure B to these Terms) for access to the Quizy Games Platform. Such platform fee is inclusive of applicable GST; and
    • Pre-determined contribution towards the prize money pool of such game/contest as stipulated by the Host Entities, which will be passed on to the winner(s) of the game/contest after the completion of the game/contest as per the terms and conditions thereto.
    • Quizy Games reserves the right to deny its platform services to any User at its sole and absolute discretion. Such denial would automatically disqualify a User from playing any games hosted by the Host Entities on the Quizy Games Platform.
50. Users by participating in any games hosted by the Host Entities on the Quizy Games Platform hereby authorize Quizy Games to appoint a third party/ trustee/escrow agent to manage Users funds on behalf of the Users behalf, as their agent.
51. Quizy Games at its own discretion can also contribute to such prize money pool from its own resources. Unless specifically identified in these terms, it is clarified that Quizy Games has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Game terms and conditions.
52. In respect of any transactions entered into on the Quizy Games Platform, including making a payment to participate in the games hosted by the Host Entities, the Users agree to be bound by the following payment terms:
    • Subject to these Terms and Conditions, all amounts collected from the User are held in separate non-interest earning bank account with an Escrow Agent. The said accounts are operated by a third party appointed by Quizy Games in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals of Winnings or Play Money); (b) Quizy Games (towards its Platform Fees); to (c) Host Entities (towards their profits in relation to the games on the actionable claims sold); and to (d) to the Government (towards TDS on amounts won). The Escrow Agent shall receive and hold the amounts of the Users in trust as a trustee of and for the benefit and use of the Users.
    • Quizy Games receives only its share of the Platform Fees through the said Escrow Agent and has no control over the User funds held by the Escrow Agent in the dedicated non-interest earning escrow account.
    • Quizy Games reserves the right to charge a Platform Fee, which would be specified and notified by it, prior to a User's joining of a game. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and Quizy Games shall issue an invoice for such debit to the User.
    • The User may participate in a gamer wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such game, which will be passed on to the Winner(s) of the game after the completion of the game as per the terms and conditions of such game. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Escrow Agent.
    • Any User availing Quizy Games services are provided with following categories of accounts for the processing and reconciliation of payments:
      • Play Money – comprises of money contributed by the User through payment gateway towards Prize Money Pool, after disbursement of platform fee to Quizy Games
      • Winnings – comprises of the money won by the Users by winning the game/contest(s)
      • Bonus Money – Comprises of bonus points given by Quizy Games, which gets unlocked into Play Money when User loses a game/contest. Every time a User loses, bonus money equal to 20% of the Contribution lost will be unlocked to Play Money provided User has sufficient Bonus Money in his Quizy Games account. Bonus Money by itself cannot be withdrawn.
        • Each time a User participates in any Game on Quizy Games platform, the Contribution shall be debited in the User’s account. The Contribution for each User shall be first debited from the Play Money and thereafter, any remaining amount of such Contribution shall be debited from the Winnings.
        • In case there is any amount remaining to be paid by the User in relation to such User’s participation in any Game(s), the User will be taken to the designated payment gateway to give effect to such payment which shall also be credited to the account maintained by the Escrow Agent. In case any amount added by the User through such payment gateway exceeds the remaining amount of the Contribution, the amount in excess shall be transferred to the Play Money and will be available for use in participation in Game(s) or for withdrawal in accordance with these Terms and Conditions.
        • Debits from the Play money for the purpose of enabling a User’s participation in a game shall be made in order of the date of credit of amounts in the play money, and accordingly, amounts credited into play money earlier in time shall be debited first.
        • In order to request a withdrawal of any amount standing in the play money, the User must first complete Quizy Games’s identity verification, and bank account verification, which will also require submission of User’s PAN card and bank account details. Such withdrawal of any amount standing in the play money may be made by way of a request to Quizy Games giving complete details along with reasons for withdrawal over email. Quizy Games shall cause an online transfer to the User's bank account on record with Quizy Games by instructing the Escrow Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Play Money. Quizy Games may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes including GST.
        • Further, withdrawal of any amount standing to the User's credit in the Winnings may be made by way of a request to the Escrow Agent through Quizy Games, but shall in any event occur automatically upon completion of 180 days from the date of credit of such amount in the User's Winnings. In either case, Quizy Games shall cause an online transfer to the User's bank account on record with Quizy Games by instructing the Escrow Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings. Quizy Games shall not charge any processing fee for causing the online transfer of such amount from the Winnings to the User's bank account on record with Quizy Games.
        • Winners shall be contacted by Quizy Games or the Host Entities conducting the games / contest to the registered e-mail address of the Users. Users need to complete the verification process in order to raise the withdrawal request. As a general practice, winners will be required to verify their e-mail address & phone number along with following documents:
          

          (a) Self attested Photocopy of the Member’s PAN card;

          (b) Member’s bank account details and proof of the same.

        • The list of Winners shall be posted on a separate web-page on the Quizy Games. The winners will also be intimated by e-mail.
        • In the event that a User has been declared a Winner on the abovementioned web-page but has not received any communication from Quizy Games, such User may contact Quizy Games within the time specified on the webpage.
        • Quizy Games shall not instruct the Escrow Agent to provide for withdraw of a User’s prize(s)/accumulated winnings/play money unless the above-mentioned documents have been received and verified within the time- period stipulated by Quizy Games. Only to those winners who successfully complete the verification process and provide the required documents within the time limit specified by Quizy Games shall the Escrow Agent provide for (at the instructions of Quizy Games on behalf of the User, to which the User expressly consents) withdraw/receive their accumulated winnings/play money (or any part thereof)
        • 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 Quizy Games 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 registration on Quizy Games, as well as the name and address existing in the records of the User's bank account as provided to Quizy Games. In the event that no bank account has been registered by the User against such User's account with Quizy Games, or the User has not verified his/her User account with Quizy Games, to Quizy Games's satisfaction and in accordance with these Terms and Conditions, Quizy Games shall provide such User with a notification to the User's email address as on record with Quizy Games at least 30 days prior to the Auto Transfer Date, and the User shall register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date.
        • Bonus Money cannot be withdrawn and is automatically transferred to Play Money when a User loses a Game.
        • Quizy Games shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated winnings (or any part thereof) on the following grounds:
        
        

        (a) Determination by Quizy Games that any document or information submitted by the Member is incorrect, misleading, false, fabricated, incomplete or illegible; or

        (b) Member does not fulfil the Eligibility Criteria; or

        (c) Any other ground.

        • Quizy Games shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Quizy Games, as described herein.
        • The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
        • Users are required to provide proper and complete details at the time of registration. Quizy Games shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the Winner.
53. . Where any of the fixtures within a game are cancelled or abandoned without an official result, all game entries are considered void and the Contribution shall be duly refunded to User. There are no prize/winnings pay-outs and platform fee charges for these voided Games.
54. If, in a transaction performed by you on the Platform, money has been charged to your card or bank account and respective amount is not added in your Quizy Games Account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to support@QuizyGames.com from your registered e-mail address. Please include the following details in the e-mail – your mobile number, transaction value, transaction date and transaction ID. Quizy Games will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the balance in your Quizy Games Account, then you will be refunded the money within 7 business days from the date of receipt of your e-mail. All refunds will be credited to your Quizy Games Account.
55. 6. The Host Entities may withdraw and / or cancel any contest(s) to be conducted or already conducted, without prior notice to any Users or winners of any games / contest(s). In such an event, Quizy Games shall cause a refund of the amount of Contribution money contributed by each participant to be effected by instructing the Escrow Agent on behalf of the User (to which the User expressly consents).
    Users
    Taxes Payable
56. All prizes shall be subject to deduction of tax (‘TDS’) as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Quizy Games in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money-Miscellaneous
57. The decision of the Host Entities with respect to the awarding of prizes shall be final, binding and non-contestable.
58. Users playing the paid formats of the game(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, Telangana or Andhra Pradesh. If it is found that a User playing the paid formats of the game(s) is a resident of any of the abovementioned states, Quizy Games shall disqualify such User and forfeit any prize won by such User. Further Quizy Games may, at its sole and absolute discretion, suspend or terminate such User's account with Quizy Games. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Quizy Games, subject to the processing fee (if any) applicable on such transfers as set out herein.
59. If it is found that a User playing the paid formats of the game(s) is under the age of eighteen (18), Quizy Games shall be entitled, at its sole and absolute discretion, to disqualify such User and forfeit his/her prize. Further, Quizy Games may, at its sole and absolute discretion, suspend or terminate such User's account.
60. To the extent permitted by law, Quizy Games makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
61. The Host Entities may, at their sole and absolute discretion, vary or modify the prizes being offered to winners, and Quizy Games has no control over the same. Users shall not raise any claim against Quizy Games or the Host Entities or question their right to modify such prizes being offered, prior and after the closure of the games.
62. The Winners shall bear all transaction charges levied for delivery of cash prizes.
63. All prizes are non-transferable.
    
    

I. Prevention of Collusion and Fraud

64. We are committed to promoting fair play on our Platform.
65. . Our compliance team will track game play of all Users and strict action will be taken against any User(s) caught colluding. By agreeing to these Terms, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other User
66. We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation.
67. Adding money and withdrawing without playing any or a reasonable amount of game(s) is a violation of our fair play add money and withdrawal policy. Consecutive payments and withdrawals are considered as money laundering actions, which is not permitted on the Platform. Any User found committing such an action is in violation of our fair play payments and withdrawal policy and further to investigation is subject to a penalty fee.
68. Any User deemed to be a fraud User for any reason, for example, found adding money or withdrawing from/to a fraudulent account, is subject to legal action from the Company’s management including but not limited to the confiscation of the User's Account Balance and locking of the User's Account.

J. Intellectual Property

69. Quizy Games includes a combination of content created by Quizy Games, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (‘Intellectual Property Rights’) in all software underlying Quizy Games and the Quizy Games Platform and material published on Quizy Games, including (but not limited to), software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Quizy Games, its affiliates, partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Quizy Games either in whole or in part without express written license from Quizy Games.
70. . Users may request permission to use any Quizy Games content by writing in to Quizy Games Helpdesk.
71. . Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Quizy Games (‘Users' Content’). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Quizy Games. Users agree to indemnify and hold harmless Quizy Games, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Quizy Games, by such User or through the User's commissions or omissions.
72. Users hereby grant to Quizy Games and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
    • displaying Users' Content on Quizy Games
    • distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
    • storing Users' Content in a remote database accessible by end Users, for a charge
    • This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology
73. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Quizy Games(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Quizy Games.

K. Third Party Sites, Services and Products

74. . Quizy Games may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Quizy Games does not exercise control over any Internet sites apart from Quizy Games and cannot be held responsible for any content residing in any third-party Internet site. Quizy Games's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Quizy Games of such third-party Internet site.
75. Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Quizy Games will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
76. Quizy Games contains content that is created by Quizy Games as well as content provided by third parties. Quizy Games does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Quizy Games Services provided on Quizy Games including while participating in any of the Games hosted on Quizy Games

L. Privacy

77. You agree to comply with our Privacy Policy, guidelines and statements as may be applicable from time to time, which are incorporated into these Terms

M. Disconnection and Technical Issues

78. You understand and acknowledge that once a game has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason does not require us to a refund of the participation amount you may have paid for participation.
79. In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the game(s) and refund the participation amounts after proper verification and no service fee will be charged for such games and you accept that we are not responsible to you in all such cases. For any game, we have the right to cancel and refund the participation amount. In no case, other than a server crash, are we accountable for any of the User’s disconnections from server. We are also not liable for any prospective winnings from any incomplete game.
80. We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.

P. Disclaimers

81. . By registering, you are considered to have accepted and understood all the Terms herein and the relevant Host Entities’ Terms and Conditions. We recommend that you keep a copy of all transactions, gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
82. If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term.

N. Warranty

83. . Quizy Games disclaims any and all warranties, expressed or implied, in connection with the underlying software of the Platform, the Website and the Game(s), all of which are provided to the User ‘as is’. Your access and use of the Platform is at your sole risk. Quizy Games explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, completeness, availability, security, compatibility and fitness for a particular purpose.
84. Without limiting the foregoing, Quizy Games does not represent or warrant:
    • The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the Platform and the game(s);
    • The suitability of the information contained in the documents or other information published on the Platform;
    • Continuous, error-free, secure or virus-free operation of the Platform or its content including software, game(s), your Account or continued operation or availability of any facility on the Platform;
    • That the defects in the Platform will be corrected;
    • That the Platform or the servers that operate the Website are free of viruses or other harmful components;
    • That the data, results and information within the Platform will be correct, accurate, adequate, useful, reliable, correctly sequenced, timely or otherwise; and
    • That the Platform will meet your needs, requirements or expectations.
85. No person affiliated, or claiming affiliation with the Platform has authority to extend such warranties.
86. . Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labor stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
87. . Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labor stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
88. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.
89. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
90. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
91. You are aware that participation in the games of skill organized by the Host Entities may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the game(s) hosted on the Quizy Games Platform, you are voluntarily participating in the game(s) and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. Quizy Games makes no guarantees, warranties, representations, or other promises relating to the game(s), and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the game(s).
92. You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from installation of any software on your computer and we expressly disclaim liability for any such failure delay or failure.
93. You agree to assume the entire risk as to the results and performance of any software and/or game(s) availed by you on the Platform. As such, result and performance among other things depends on your internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or game(s) available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer
94. You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.

R. Indemnification and Limitation of Liability

95. You clearly understand and agree that Quizy Games shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Quizy Games has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
96. You agree to indemnify us and each of our respective general and limited partners, Users, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys' fees and court costs) arising out of or relating to:
    • breach of these Terms, in tort (including negligence),
    • your use of the Platform, including, but not limited to use of any content;
    • your breach of any applicable laws;
    • any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or authorized or permitted by you;
    • your content;
    • use by any other person accessing the Platform using your username or password, whether or not with your authorization,
    • the use by us of information provided by you through our Platform. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Platform.
    • the use by us of information provided by you through our Platform. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Platform.

S. Termination

97. We may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Website’s feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or to other information providers.
98. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.
99. You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.

T. Agreements with Host Entities and Escrow Agent

100. Quizy Games shall enter into separate agreements with the Host Entities and the Escrow Agent for regulating their inter-se contractual obligations to give effect to these Terms from time to time, as it considers appropriate and necessary in its sole discretion. The Users are not and shall not be regarded as beneficiaries of such agreements. The Users shall have no privity of contract in connection with such agreements.
101. The Users’ agreement(s) with the Host Entities are separate and independent agreements and Quizy Games has no privity of contract to such agreements. You agree that Quizy Games will not be held liable for any action relating to performance, damages, injunctions or otherwise arising out of such agreements with the Host Entities.

U. Publicity

102. Acceptance of a prize by the Winner constitutes permission for Quizy Games, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Quizy Games without any charge. The exact dates remain the sole discretion of Quizy Games. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

V. Dispute Resolution

103. You can directly escalate to our management team by contacting support@QuizyGames.com.
104. Subject to the clauses below, the courts of competent jurisdiction at Haryana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Website provided by Quizy Games (including the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of India.
105. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (‘Notification’) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
106. The place of arbitration shall be Haryana, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.
107. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
108. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
109. Nothing contained in these Terms shall prevent Quizy Games from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at Haryana to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Quizy Games to pursue any remedy for monetary damages through the arbitration described herein.