Terms and conditions
Date of late update: [05th April 2023]
Fast Media Pvt Ltd. (herein referred to as “Quizkart”, “we”, “us”, “our”) is an entity incorporated and registered under the Companies Act,2013, and owns, manages and operates the website, having the domain name https://www.quizkart.com/ and its mobile application (collectively referred to as “Portal”). These terms and conditions (“T&C”) along with all the rules and regulations, referred to herein and the Privacy Policy and Frequently Asked Questions (“FAQ”) shall apply to the Users (herein referred to as “you”, “your”) of the Portal. By registering or browsing or downloading or using or accessing any part of the Portal or utilizing the services rendered by Quizkart, you will be legally bound by these T&C. If you do not agree with any of the terms of the T&C, you can refrain from accessing or using the Portal.
Quizkart may at its sole discretion, alter, modify, add or delete the terms, partly or wholly, at any time, without giving you any notice which are necessitated from time to time on account of changes including but not limited to the applicable laws, evolution of technological standards such as enhancement in Portal functions. The new and updated terms would be published on the Portal. If any User disagrees with any changes made to the T&C, the User can refrain from accessing or using the Portal. Any use subsequent to updating the Portal shall be considered as a consent to such change / modification / alteration.
“User” shall mean any natural or legal person who has accessed / used the Portal after agreeing with the T&C and shall also mean the registered user of Quizkart.
1. User’s Eligibility
- 1.1 The User is required to be above the age of 18 years to access the Portal. For this purpose, You agree that by visiting the Portal or accepting these Terms, You represent and warrant to the Company that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Portal and agree to and abide by these Terms as provided herein.
- 1.2 Users who wish to participate must have a valid email address and shall keep the account login credentials such as username, display name and password for the access private and confidential.
- 1.3 The Portal is developed for its access only to Users currently residing in India and in countries where Quizkart is licensed to operate. It is to be noted that Quizkart shall not be responsiblein any manner towards any act or omission caused to the User by accessing the Portal from territories outside India and it is the User’s responsibility to verify that Quizkart is compliant with their applicable local laws. Quizkart is absolved from any obligations in this regard.
- 1.4 Quizkart shall have a right to refrain a User from accessing the Portal if we receive information that the User holds insider information about the Portal or any offers that are available to the User who come in the top charts of the quiz available on the Portal.
3. Usage of username, display name, password and its security
- 3.1 You shall not share your account credentials or let anyone else access your account, or do anything else that might jeopardize the security of your User account.
- 3.2 In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the account credentials, you must immediately notify Quizkart and modify your account credentials.
- 3.3 You are solely responsible for maintaining the confidentiality of your account credentials, and you will be responsible for all uses of the account credentials and will be liable for all of your activities on the Portal made from your User account, whether or not authorized by you. We are not responsible if your User account is accessed or opened by any other person using your password.
- 3.4 Quizkart reserves the right to block, remove or reclaim any usernames and/or display name at any time and for any reason, including but not limited to claims by a third party that the display name violates such third party’s rights.
- 3.5 Access to your User account is password protected. You must memorise your password or store your password in a safe and secure place. You understand that it is your obligation to protect the information you have provided on the Portal including, but not limited, to usernames, display name, passwords, email addresses, contact details, bank account information etc.
- 3.6 You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your User account on the Portal being exposed or misused by any other person or any other harm or loss being suffered by you.
5. How to play
- 5.1 You agree to abide by the rules and regulations of each of the Bollywood Quiz campaign(s) as published and periodically updated under the FAQ page of the Portal.
- 5.2 You should ensure that you have read and understood the rules and regulations of the Bollywood Quiz campaign(s) available on the Portal. The campaign rules form part of the T&C.
- 5.3 The User is required to read them carefully before undertaking any activities on the Portal. We may, from time to time, make additional campaign formats available on our Portal as and when required as per our discretion.
- 5.4 We reserve the right to determine the results and winners of each of the campaign(s) in accordance with the campaign rules.
- 5.5 By registering for any campaign, you agree by these determinations.
6. User Representations
- 6.1 Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete, accurate and truthful.
- 6.2 You shall not create an account using false identity or information or on behalf of someone other than yourself.
- 6.3 The User represents that he/she has the legal right and capacity to enter into these T&Cs.
- 6.4 You are voluntarily registering for the campaign(s) organized by us on the Portal and assume all the responsibility for any risk resulting from your registration to participate in the Quiz campaign of your choice.
- 6.5 You represent that you are solely responsible for any consequence resulting from you participating in any activity or accessing any services on the Portal.
- 6.6 You shall not bequeath or otherwise transfer your User account or any Q points that is won using your skill and which is associated with your account.
- 6.7 User shall refrain from using any inappropriate, obscene, indecent, abusive language as a part of their display name or for any other purposes involving communication with Quizkart and/or other Users.
- 6.8 You understand and accept that your registration to participate in any Quiz campaign on the Portal does not create any obligation on us to give you any reward. Your winning of a reward is entirely dependent on your skill as a player vis-a-vis other players in the campaign and is subject to the T&C and campaign rules.
- 6.9 You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Portal by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Portal, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute and publicly display your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, display name, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content.
- 6.10 The User agrees that the use of the Portal is permitted through tools provided or explicitly permitted by the Portal. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software designed to modify or interfere with the Portal’s services. Users registering for participating in the campaign hereby agree to be contacted by third parties for promotion and marketing purposes. Users acknowledge that their personal data may be shared with third parties for purposes such as those, including but not limited to customer data analysis, advertisements etc, subject to Quizkart’s Privacy Policy.
- 6.11 You understand that any Q points in your User account do not carry any interest or return. The Q points cannot be exchanged / redeemed for cash. No monetary claims can be made in lieu of Q points.
- 6.12 You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law and jurisdiction shall survive the efflux of time and the termination of these T&C.
- 6.13 The User represents that he/she is solely responsible for suffering any gaming disorder or addiction (if any) characterized by impaired control over using the Portal, increasing priority given to the activities on the Portal to the extent such that it takes precedence over other interests and daily activities impacting his/her physical or psychological health and social functioning that could be attributed to their pattern of behaviour in relation to using the Portal.
7. Payment Terms
- 7.1 In order to participate in the Bollywood Quiz campaign, the User is required to register on the Portal and can select the campaign it wishes to opt for. At the time of making the selection and completing the registration process, the User will be asked to submit a sum of fee which will be eligible for a particular Quiz campaign. The User can opt for different Quiz available on the Portal at different point of time and provide a registration fee for testing its Bollywood knowledge. Once, the User registers for a particular Quiz campaign, it will be provided the access for participating in the selected Bollywood Quiz. The Users will make payment for the campaign selected through their debit card, credit card, net banking or any other payment option via the payment gateway service provider and will be reflected in the wallet of the user. Please note that no account balance would be maintained by Quizkart on the Portal.
- 7.2 The Portal shall enter into a separate agreement with the payment gateway service provider (such as Razorpay and/or any other service provider) through which all the safe and secured transaction shall be carried and the same shall be subject to the Privacy Policy of the payment gateway service provider.
- 7.3 Various payments such as credit card, net banking, etc are processed through the payment gateway service provider which will require authorization for processing of payments. We are not responsible for delays or denials at their end and processing of payments will be solely in accordance with the payment gateway service provider’s policies and procedures without any responsibility or risk at our end.
- 7.4 You agree that in an event of your payment being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized and registration process for the selected Quiz is complete, the Q points will be credited to your User account and are available for you to continue playing the quiz.
- 7.5 The personal data of User collected and processed by the payment gateway service provider regarding the payment aspect will be the sole responsibility of such service provider.
- 7.6 Quizkart is not responsible for any KYC relating to payment made through the payment gateway service provider.
8. Prizes
- 8.1 The User will be offered Discount Coupon which will depend on the Quiz campaign selected by the User with a subsequent opportunity to win a reward in the form of a deal that will be associated with the relevant campaign.
- 8.2 The decision of Quizkart with respect to the providing any reward in the form of a deal shall be final, binding, non-negotiable and non-contestable. The rewards which will be delivered to the users which the highest knowledge of Bollywood as compounded from the particular Quiz campaign is not limited to its users in India and any of such deals that will be rewarded basis the knowledge of Bollywood is intended for end-use and not for resale or commercial use.
- 8.3 If it is found that a User below the age of 18 years is undertaking any activity on the Portal, then Quizkart shall be entitled, at its sole and absolute discretion, to disqualify such User and forfeit any deal reward that may be awarded to such user. Further, Quizkart may take any further action in accordance with the T&Cs and the applicable laws of India.
- 8.4 Quizkart makes no representations or warranties as to the quality, suitability or merchantability of any deal and shall not be liable in respect of the same.
- 8.5 Details related to rewards in the form of deals will be sent to the registered email address of the User and the User should ensure all the details are accurate. Quizkart upon verifying the claims will provide instructions via the User’s registered email. The User shall provide a valid Indian address to Quizkart upon being declared as a winner of the Quiz campaign. In the event, the User wishes to purchase any associated products from the deal that is rewarded basis its standing on the leader board, the User shall abide with the refund and the shipping policy of Quizkart.
- 8.6 Quizkart may, at its sole and absolute discretion, vary or modify the deals being offered to winners. No User shall raise any claim against Quizkart or question its right to modify such deals being offered, prior to closure of the campaign(s).
9. Prohibited conduct
- 9.1 User shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Portal or part thereof.
- 9.2 User shall not use the Portal in any manner that could damage, disable, overburden or impair it.
- 9.3 User shall not modify, adapt, translate or create derivative works based on the Portal.
- 9.4 User shall not intentionally interfere with or damage operation of the Portal or other Users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or malicious code or le with contaminating or destructive features.
- 9.5 User shall not use any automated device or use manual process to monitor or copy the Portal.
- 9.6 User shall not interfere or disrupt the Portal or any networks associated with the Portal.
- 9.7 User shall not accumulate Q points through unauthorized methods such as automated bots (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) or other automated means to obtain, collect or access any information on the Portal or of any User for any purpose. The User agrees that Quizkart provides Quiz campaigns based on skill and not chance, therefore it does not in any manner offer for purchase of Q points and the same have to be earned by the User by testing its Bollywood knowledge for that particular selected Quiz campaign the User has opted for.
- 9.8 User shall not tamper with the administration of any campaign(s) or try to tamper with the computer program or security measures associated with the campaign.
- 9.9 User shall not falsify his/her personal information (including, but not limited to, name, email address, bank account details and/or any other information) or documentation as may be requested by Quizkart to become part of any campaign(s) of the user’s choice.
- 9.10 User shall not engage in any unfair conduct, which if in the opinion of Quizkart deems to be improper, unfair or otherwise adverse to the operation of the campaign(s) or is in any way detrimental to other Users, then Quizkart may, at its sole discretion, disqualify the User from the usage of the Portal.
- 9.11 User shall not post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- 9.12 User shall not post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- 9.13 User shall not attempt to, or harass, or abuse, or harm, or advocate or incite harassment any of the other Users including our employees, our customers or anyone associated with Quizkart.
10. Liability
- 10.1 Users shall be solely responsible for any consequences which may arise due to their access of the Portal by conducting an illegal act or due to non-conformity with these T&C and other rules and regulations in relation to Quizkart, including provision of personal details.
- 10.2 Users shall indemnify, defend, and hold Quizkart harmless from any third party/entity/organization claims arising from or related to such User’s engagement with Quizkart or participation in any campaign(s).
- 10.3 Quizkart accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the deals offered as rewards.
- 10.4 Quizkart specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Portal.
- 10.5 Quizkart disclaims responsibility and liability for any harm resulting from cancellation of any campaign(s) organized by it. You acknowledge and agree that you will not be entitled to any refund or compensation in any form whatsoever, in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, industrial action by third parties, power failures, natural disasters, civil disturbance, or any other cause beyond the reasonable control of Quizkart.
- 10.6 Quizkart disclaims any liability in connection with the violation of intellectual property rights of any party with respect to third-party content or User content posted on our Portal.
12. Privacy
- 12.1. All information collected from Users, such as registration details shall be governed by the Privacy Policy which is available at Privacy Policy
14. Disclaimers
- 14.1 By registering, you are considered to have accepted and understood all the T&C. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these T&C by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
- 14.2 Failure of Quizkart to exercise or enforce any right or provision of these T&C will not constitute waiver of such right or provision. Any waiver of any provision of these T&C will be effective only if it is in writing and signed by Quizkart.
- 14.3 Quizkart does not promise or ensure that you will be able to access your User account or undertake activities whenever you want. It is entirely possible that you may not be able to access your User account or the Portal at times or for extended periods of time due to, but not limited to, system maintenance and updates.
- 14.4 Your winning is entirely dependent on your skill as a player vis-a-vis other players in the campaign(s) and we are no obligation to give you any cash rewards by virtue of your participation in the Quiz contests of your choice.
- 14.5 If it comes to the notice of Quizkart that any governmental, statutory or regulatory compliances or approvals are required for conducting any campaign(s) or if it comes to the notice of Quizkart that conduct of any such campaign(s) is prohibited, then Quizkart shall withdraw and / or cancel such campaign(s) without prior notice to any Users or winners of any campaign(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the campaign.
16. Indemnification
- 16.1 Youagreetodefend,indemnifyandholdharmlessus,ourlicensorsandouraffiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorney’s fees that may arise from or relate to a breach of these T&C for which you are responsible.
- 16.2 Withoutlimitingthegeneralityoftheforegoing,youagreetoindemnifyandholdQuizkart and its licensors harmless for any improper or illegal use of your User account, including the illegal or improper use of the same by someone to whom you have given permission to use your User account.
- 16.3 You will be personally responsible for your use of our Portal and for all of your communication and activity on Quizkart, including any content you contribute, and that you will indemnify and hold harmless Quizkart, its licensors and our affiliates from any liability or damages arising from your conduct on the Portal.
- 16.4 Users shall indemnify, defend, and hold Quizkart harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Quizkart or participation in any campaign. In no event shall Quizkart be liable to any User for acts or omissions arising out of or related to User’s engagement with the Portal or his/her participation in any campaign(s).
- 16.5 In addition to specific references to limitation of liability of Quizkart elsewhere in the T&C, under no circumstances (including, without limitation, in contract, negligence or other tort), Quizkart shall be liable for any injury, loss, claim, loss of data, loss of income, or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the services on the Portal. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.
17. Game of skill
- 17.1 The Portal is only intended for playing of such games of skill and for entertainment purposes only. Quizkart shall not be responsible for any betting or gambling acts that may take place or are undertaken by Users outside the Portal.
- 17.2 Campaign(s) on the Portal are predominantly skill oriented rather than chance where Users display their real time skills using their knowledge and expertise in relation to the quizzes.
- 17.3 The Portal although does not necessarily eliminate the element of chance, it is one in which success depends principally upon the superior knowledge, training, attention, experience and adroitness of the User which is the main characteristic feature of the campaign(s).
- 17.4 Quizkart campaign(s) are games of skill as success of Users depends primarily on their speed, knowledge and accuracy.
- 17.5 By participating in this campaign(s), each User acknowledges and agrees that he/she is participating in a game of skill.
18. Taxes Payable
- 18.1 The winners shall be responsible for payment of the applicable taxes, including but not limited to, GST, income tax, gift tax, etc. which is resultant of the reward offered by us.
19. Third Party Sites, Services and Products
- 19.1 Quizkart has arrangement with its business partners who will be responsible for delivery of product deals . The terms and conditions of the relevant third party is applicable in this regard.
- 19.2 The Portal may contain links to websites that are not owned, managed or controlled by us. Such links are provided solely as a convenience to you. Quizkart is not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from such other websites.
- 19.3 We do not endorse, guarantee or make any representations or warranties regarding , services or terms and conditions of such other websites and disclaim any liability with respect to your use and access of other third-party websites. If you decide to access or rely on any other websites linked to or from our Portal, you do so entirely at your own risk.
- 19.4 If the User visits any third-party website or app through a third-party content posted on the Portal, you will be subject to terms and conditions applicable to such third-party website or app and Quizkart is not responsible for the same. The User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party.
- 19.5 The fact of a link existing on our Portal to a third-party website or app is not anendorsement of that website or app by us.
- 19.6 User’scorrespondence,transactions/offersorrelatedactivitieswiththirdparties,including payment providers and verification service providers, are solely between the User and that third party.
- 19.7 User agrees that the Portal 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.
- 19.8 Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate third party.
- 19.9 As the Portal contains content that is created by it as well as content provided by third parties, it does not guarantee the accuracy, integrity, quality of the content provided by thirdparties and such content may not be relied upon by the Users while utilizing the services rendered by the Portal including while participating in any of the quizzes hosted on the Portal.
22. Dispute Resolution
- 22.1 Any disputes arising on account of or out of this T&C shall be governed by the laws of India and the courts at Bangalore shall have exclusive and rightful jurisdiction to adjudicate upon all disputes arising out of this T&C.
- 22.2 Anydifference,dispute,controversy,orclaim(“Dispute”)whichmayarisebetweenthe Parties out of or in relation to or in connection with this T&C, or the breach, termination, effect, validity, interpretation or application of this T&C or as to their rights, duties or liabilities hereunder, shall be settled by the Parties in good faith and by mutual negotiations within 30 days of issuing or receiving the notice of such dispute provided by one party to the other. If, for any reason, such Dispute cannot be resolved amicably by the Parties within the period mentioned above, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Parties within 15 days from the date of expiry of the aforesaid 30 days. The decision of the arbitration tribunal shall be nal and binding upon the Parties. The venue and seat of the arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English language.